16
charge, but had nevertheless been convicted and sentenced to a fine of R20 000 or
five years’ imprisonment, plus a further five year’s imprisonment suspended for five
years on certain conditions, including community service. The appellant testified that
there had been no change in his relationship with Mrs B or in her attitude to him as a
result of this criminal trial and that he had informed her of the outcome of the trial in
November 2002.
[37]
During his examination–in-chief, the appellant admitted that he had been in
the complainant’s company on the various different occasions during which the
alleged sexual activity referred to in counts 1 to 4 had actually occurred, although not
all during the time periods referred to by the complainant. So, for example, in respect
of the first two counts, the appellant testified that, at the end of December 1997, after
Christmas, he had indeed been accompanied by the complainant on a late night bus
journey to the Eastgate Airport to pick up an overseas tour group. Mr B was allegedly
worried about the appellant’s being able to stay awake should he undertake the latenight drive alone, and had therefore suggested that the complainant accompany him to
keep him awake. Apart from the incident of mutual masturbation in the bus while they
were waiting for the tour group to arrive, about which the complainant had testified,
and which the appellant denied, the appellant’s account of the journey and what had
happened the following day largely tallied with the complainant’s version.
[38]
The appellant agreed that, because of a defect with the bus, he and the
appellant unexpectedly had to spend the night at the Casa da Sol Hotel in
Mphumalanga while they were waiting for a new bus to be sent out by the tour
company. According to the appellant, however, the hotel room which he and the
complainant had to share did not contain a double bed, but only two single beds and a
sofa which could be converted into a bed. He, the complainant and another bus driver
employed by Elwierda, by the name of Bernard Docco, shared the room, he and the
complainant each sleeping on a single bed and Bernard on the sofa-bed. He alleged
that he had made enquiries about the whereabouts of Mr Docco, but that he been
informed that Mr Docco was now in the United States of America. The appellant also
alleged that the person who had driven the replacement bus to the hotel, arriving in
the early hours of the morning, had also used the bathroom facilities in the hotel
bedroom in which he, the complainant and Mr Docco were sleeping. He could not,
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