Delayed start for swim coach’s rape trial

An internationally acclaimed swimming coach is due to appear in a Durban court next month on rape charges dating from 1980, when he was just 13 years old.

The man, who may not be identified, had been due to appear in the Pinetown regional court on Friday but his lawyers argued that the summons had not been properly served. The case was postponed to June 3.

The state accuses the coach of repeatedly raping “Mrs D”, now in her 50s, in 1980 and 1981 and again in 1984.

She was a girl of 10 at the time of the first alleged rape by the 13-year-old, who was himself a swimmer and the son of her female coach at a Durban swimming club.

According to South African law, a child above the age of 10 can be charged with a crime but the state has to prove the accused had “criminal capacity”.

This week Mrs D told the Sunday Times the boy “groomed” her from the age of 10 and the abuse continued for more than six years.

The woman first spoke about her ordeal at a media conference organised by Women and Men Against Child Abuse in November 2020. The group played an instrumental role in the rape conviction of disgraced tennis legend Bob Hewitt.

Mrs D first revealed the repeated sexual abuse to a psychologist who was treating her for postnatal depression in the early 2000s.

The therapist said she was treating two young girls who had accused the same man of abusing them, which spurred Mrs D to seek justice for herself and others in her position.

The coach was served with a summons on Monday to appear in court four days later, on Friday.

His legal team argued that a summons must be served at least 14 days before the date appointed for the trial.

The coach’s attorney, Kay Naidoo, said the summons was “unlawful, a legal nullity and was withdrawn”.

“There is only one complainant who makes allegations pertaining to incidents that occurred in 1980, when my client was a minor, under 16 years of age. My client was certainly not a coach during that period. He denies the allegations.”

In November 2020, Swimming SA (SSA) announced that two coaches accused of sexual abuse and harassment were to face disciplinary action. Both cases were reported to police.

SSA said it was conducting its own investigation into the allegations. The Sunday Times approached SSA for comment on the status of the investigation and was told the query was “with management”.