PHILIPSBURG--Thursday saw the first appearance in the Court of First Instance of E.Y., the 49-year-old basketball coach who is suspected of sexually abusing minors.

 

The hearing was pro-forma, as the prosecutor was not ready to proceed and Y.'s lawyer had investigation requests.

 

The prosecutor read out that Y. had currently been charged with two offences: the rape of an underage boy on April 2, 2014, after he had groomed the child on the Internet, using Facebook, and persuaded him to meet up for a one-to-one coaching session, and the second charge being a series of rapes of another underage boy, between August 2013 and February 2014, where he had groomed the child in a similar manner.

 

The prosecutor added that the investigation is still ongoing, and that "multiple further allegations are being investigated."

 

As the case would not be heard before the end of Y.'s current period of pre-trial detention, the prosecutor asked for this detention to be extended.

 

Y.'s lawyer, Brenda Brooks, in a manner that would have befitted an American court room drama, complained of receiving the summons of the accused at too short notice, something that was seconded by the judge.

She asked for the immediate release of her client, who "denies all involvement and has fully cooperated with the investigation." She stated the prosecution was "desperately looking for evidence that is not available."

 

She stated her client's image had been damaged by the case, that he would have "no life" after the case and that he would do anything to prove his innocence.

 

She stated that there were a number of discrepancies, and demanded that victims and witnesses be further questioned on behalf of the prosecution.

The prosecutor responded that the statements of the victims were exceptionally detailed, and apart from those, there were evidential files from Facebook and medical statements to back up accounts of the witnesses, as well as a statement from the basketball team to state it was not normal for Y. to provide one-on-one coaching. DNA investigation is also still ongoing.

He stated that Brooks had not given sufficient grounds for her request, and that to be heard again would be traumatic for the victims.

 

"At least tell us why, and on which points you want to question witnesses," he said. Brooks retorted, "If the prosecutors would hand over files on time, I would be able to hand over a list of names on time."

 

She stated again that there were discrepancies in the statements and that many of the statements were based on hearsay. "I don't want to leave any stone unturned in this case," she said, before adding that she wanted to confront witnesses with conflicting statements.

 

She further added that the prosecutor had said he would add more charges against Y., but that the circumstances so far must only be judged on what is available now.

 

Y. declared himself innocent on all charges. "My family are being put through undue anxiety through these allegations, and I am suffering from stress. I have been in prison for 100 days. If I have to stay until the case, it will have been almost a year and that is a sentence in itself," he said, before humbly requesting the court to release him, before adding: "I look forward to my freedom today."

 

The judge asked Y. if he had been suspended from his government job. Y. replied that he had not been suspended.

 

The judge denied Y.'s request for release and stated that the grounds to keep him incarcerated still applied. "The Modus Operandi in both cases is the same, and the statements are very detailed," said the judge.

He further stated that the interests of society weighed more heavily than the interests of Y.

 

The judge did refer the case back to the judge of investigation to hear the victims, one of whom has now turned 18. He asked the judge of investigation to put compensating measures in place, to limit the trauma for the victims, and made an "open" referral, meaning that the investigating judge has the opportunity to hear other witnesses.

 

The investigation team had previously indicated that E.Y. has possibly had more victims than the ones currently known to the investigators. Victims of any age and witnesses are still asked to come forward.

 

Anyone who has specific information to offer the investigation team is requested to visit the Prosecutor's Office. The prosecutor guarantees that your information will be handled sensitively and has appointed a specialised vice detective who will speak to potential witnesses or victims.

 

Anyone who is unsure whether they wish to disclose their information to the prosecutor is advised to consult with the Court of Guardianship. The Court of Guardianship, as a central point for child abuse, can further advise in the reporting process and assist people in a confidential manner where necessary.

 

(The Daily Herald)