Cape Town - A crucial witness who was set to take the stand at the Wynberg Regional Court, during the trial against an 85-year-old former school teacher who is wanted by UK authorities on allegations of 79 counts of sexual assault of young boys, was left disappointed after yet another delay in the case.
The witness who cannot be identified, was expected to take the stand relating to a charge of indecent assault but heard accused, Iain Wares' lawyer, Ben Matthewson, had been hospitalised a day prior to proceedings.
The matter has been postponed to March 7, 2025.
And while Wares fights his case locally in South Africa after pleading not guilty to the charge, he together with his legal team, continues to appeal his extradition to Scotland.
The victim, dubbed “Stephen, took the witness stand earlier this year and told of the indecent assault allegedly inflicted by Wares.
The 47-year-old broke the silence claiming he was abused by Wares who was a teacher at Rondebosch Boys Preparatory during 1988.
The State is set to prove Wares indecently assaulted a male victim between the ages of 12 and 13 years old by touching his buttocks and penis and rubbing his penis up against the victim.
This week, Women Against Child Abuse (WMACA), an organisation which has been supporting “Stephen” and his family at court said the delay was a blow to survivors.
“During the 16 Days of Activism Against Gender-Based Violence, a time dedicated to amplifying support for victims, Stephen, a survivor of childhood abuse, and his wife were met with frustration, disrespect, and emotional distress,” they said.
“The court session was abruptly derailed when the defence attorney, Ben Matthewson, informed the prosecution just one hour before proceedings that he was too ill to attend.
“This notice, coming despite Matthewson knowing of his hospitalization the previous day, forced yet another postponement in a case that has been delayed multiple times since July.
“For Stephen, who has waited 37 years for justice, the experience was yet another disheartening reminder of how the system prioritises convenience over the needs of survivors.”
During previous court sessions earlier this year, the matter was held in camera to protect the identity of the witness and for a smooth and secure testimony to be presented.
Wares, who walks with a stick, had also indicated he had a problem hearing proceedings and had asked to be moved closer to the front of the courtroom.
WMACA said Stephen and his wife, travelled more than three hours to attend the case .
“The timing of these failures could not be more disappointing. During the 16 Days of Activism Against Gender-Based Violence, this incident highlights the disconnect between public declarations and the lived experiences of survivors in our justice system,” they added.
“Stephen’s courage in coming forward after decades of silence deserves recognition, respect, and meaningful action.
“His wife and children too, has shown remarkable strength in preparing to testify in a case that has deeply affected their lives. Instead of being met with support, they were subjected to yet another ordeal caused by the very system meant to deliver justice.”
Wares was fighting another battle which was an extradition request made by the UK in 2018 and a warrant issued for his arrest in 2019.
Wares initially made a written affidavit admitting to having inappropriate urges to touch boys and to sexually abusing them but it was retracted with the claim that he had been ill-advised
The allegation relates to 42 former students of Wares in the UK who are all now beyond the age of 60 and that the incidents of apparent sexual and physical abuse took place between the 1960s and 1970s at schools such as Edinburgh Academy and Fettes College. Wares was ordered surrendered to the United Kingdom to stand trial on six charges of sexual abuse.
In August 2024, Wares heard he would be extradited back to the UK and is now appealing it while the Department of Justice and Constitutional Development earlier said they would oppose it.
The extradition is being sought by prosecutors in Scotland.
WMACA previously said in the extradition decision judgement, the court ruled that Wares could be extradited on three of seven charges raised in South Africa, which include lewd and indecent behaviour.