WARNING: Graphic content | Leano Vergotine faces life sentences in child rape and porn trial
Leano Vergotine
Image: Supplied
The trial of convicted child rapist Leano Vergotine has entered its final stretch, with heads of arguments and closing submissions set down for two days at the Wynberg Magistrates’ Court, currently sitting as the Western Cape High Court.
The matter, which was heard on Wednesday, was postponed to 29 and 30 April after Vergotine instructed his defence team to close its case. This decision followed the refusal of witnesses to testify on his behalf.
The case centres around the alleged rape of three minor children one girl and two boys, aged 16, 15, and 9-years-old.
State Prosecutor Renee Uys said the State will be seeking harsh sentences at the conclusion of the trial.
This includes life imprisonment for each of the rape charges, as well as an additional 15-year sentence linked to the alleged use of children in the production of child pornography.
Vergotine therefore faces the possibility of five life sentences, along with a further 45 years’ imprisonment relating to the exploitation of minors.
41-year-old Vergotine from Ceres, faces five charges of rape of three minors, attempted rape, assault with intent to cause serious injury, kidnapping, three counts of using children to produce child pornography and three counts of producing child pornography and possessing child pornography.
Vergotine has pleaded not guilty to all 17 charges, even after admitting to being the man seen in the footage obtained by the court. He however described the alleged rapes as sexual intercourse , adding that it was consensual.
The state alleges that Vergotine locked a minor girl in his Wendy house between September 9 and 10, 2022, allegedly became aggressive with the girl and threatened her with a knife to take off her clothes. She refused. He then proceeded to undress her, leaving her naked on the bed. He was interrupted and then left the house, locking the girl inside until the next morning.
Upon his return, he proceeded to take pictures of her vagina on his cellphone and then raped her with his penis and tongue.
The girl reported the incident to the police when she was finally released. When police arrested Vergotine, they seized a digital storage device (flash drive) and his cellphone.
When analyzing the seized items they found child pornography of other victims, which led to the identification of complainant 2 and 3.
According to a summary of the recordings, which was viewed in camera by acting judge Amanda von Leeve, Vergotine's legal representative and the State, Vergotine, occasionally persuaded the victims to make pornographic videos.
Complainant 2, a 15-year-old boy, was identified through one of these recordings.
In the recording, Vergotine takes the child to a deserted wooded area in the Ceres mountains, where Vergotine placed his cellphone in a tree and the alleged rape was filmed.
At the beginning of the video he asks the child to name himself. The accused then tells him to pull down his pants fully and zooms in on his naked penis.
The accused then instructs the boy to turn around and not be shy, he goes on to warn that the video will be distributed worldwide. Vergotine then zooms in on the boy's anus.
He tells the 15-year-old that he was advised that the child was craving (om met) “vaseline te speel".
He instructs him to “hang lekker” and not place his penis on the leaves. He then proceeds to penetrate the anus of the complainant, and said should he take them or a “p**s, he will make sure the video is seen by the entire school.
At one point Vergotine also tells the child he is pinching its sore and mentions that “hy gaan nou breek” and then asks the complainant “kry jy swak vir dit” and goes on telling the complainant “hy is ma tingerig”.
The third victim, a nine-year-old boy, was allegedly raped regularly by Vergotine between January and September 2022. These offences were also recorded on his cellphone.
According to a witness Vergotine regularly went to fetch the boy at his home. Vergotine also performed oral sex on the minor.
In one video, according to court documents, Vergotine can also be seen rubbing the boy's naked buttocks with his hands and penis. He also requests from the child to open his buttocks to which the child asks why his anus is making funny “poep” sounds. The accused tells him to smile at the camera and say awe, the child complies. He goes on to allegedly rape the boy.
In the next videos Vergotine also kisses the boy and tells him “ko ons maak ‘n lekker porn movie,” and advises him that “as jy groot raak gaan dit maklkiker wees.”
In court he also admitted that he could not control himself with the 15-year-old boy and added that he pleaded not guilty because it was done with the minor's consent.
In addition to these incidents, the indictment outlines multiple alleged contraventions of the Criminal Law (Sexual Offences and Related Matters) Amendment Act. These include accusations that Vergotine engaged in unlawful sexual conduct involving a minor and committed acts linked to the exploitation of a child.
The State also alleges that, on separate occasions, Vergotine was involved in the possession, creation or distribution of prohibited material involving children, in contravention of the Films and Publications Act.
Several of the charges are read with provisions relating to repeated offences, indicating that the alleged conduct took place over a period of time rather than as isolated incidents.