Principal accused of porn possession: search warrant confirmed legal

Mr Neil Malherbe.

MBOMBELA – The search warrant authorising police to search the home of former Penryn Preparatory School principal Mr Neil Malherbe in 2013, was legal. This was confirmed in the Nelspruit Regional Court on Friday.

Its validity was disputed last year, when the trial against Malherbe continued.

He was charged with possession of child pornography in August 2013, following a police sting. He was suspected of having downloaded child pornography from a Canadian website.
On July 27 last year Malherbe pleaded not guilty to the charge.

On October 30 Mr Coert Jordaan, his attorney, said the warrant to search Malherbe’s home did not adhere to some of the technical requirements for its validity.
Retired magistrate, Mr De Wet Oosthuizen, was called to testify.

Read more here: Validity of search warrant in Malherbe case queried

He said he had reason to authorise the search warrant.

On Friday magistrate Ms Venessa Joubert ruled that the warrant had been legal and the search on Malherbe’s home was therefore authorised.
The case against him will now continue on  July 18.

Also read: Neil Malherbe pleads not guilty

• Lowvelder previously reported that the case had merely been postponed and that judgement had not been given on the legality of the search warrant. This was an error and apologies are extended to those adversely affected by it.

  AUTHOR
Helene Eloff
Legal Adviser & Journalist

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