A former broker from Fish Hoek who was sentenced to 10 years in jail on child pornography charges has appealed his sentence, saying his constitutional rights were violated.
Nearly three years after judgment was handed down by the Wynberg Regional Court, Clinton Calder said the magistrate showed “no regard” for him as he was subjected to entjie smoke in jail.
In a drawn out application, Calder addressed the judges about his incarceration at Brandvlei Prison, saying he was sorry for his actions and he suffered from chronic obstructive pulmonary disease, and that the tobacco smoke in prison endangered his life.
Calder was convicted of 3 195 counts of possession of child porn, importing and distributing child porn, and creating child pornography.
The Wynberg Regional Court suspended two years of the sentence for five years.
Calder conducted his criminal activities from September 2014, to June 2015. He was arrested on 31 August 2015.
Prosecutors advocate Evadne Kortje and advocate Rene Uys told the court that Calder was part of an international child porn network.
In his address, Calder pleaded with High Court judges to reduce his sentence, claiming that second-hand smoke had caused his health to deteriorate.
He said the other bandiete was “inconsiderate”, lighting up entjies at all times of the night, adding that he was being “tortured”.
“I am pleading with the court to consider my health,” he said.
The State was opposing the application, and Kortje said the magistrate did not err in the judgment and had shown mercy towards Calder.
She said Calder’s arguments that he was not a “hands on” perpetrator of sexual crimes against children were untrue as he not only downloaded the content but made contact with others, and distributed the images.
Judgment was reserved.
monique.duval@inl.co.za