Justice served: Landmark conviction offers hope to sexual assault victims

What initially appeared as an insurmountable task resulted in victory in the pursuit of justice when State prosecutor Carryn Uys secured a landmark conviction three decades after the incidents of rape and indecent assault of a child. 

The victory now stands as a beacon of hope to survivors of historical sexual assault crimes, with a reverberating message of hope breaking the shackles of silence.

The landmark conviction came when Clinton McMaster, formerly Clinton Nair, was found guilty of two counts of indecent assault and one count of rape, perpetrated between 1990 and 1991. 

He was convicted in the Cape Town Dedicated Sexual Offences Regional Court in October last year, where Uys’s dedication and expertise played a crucial role despite the challenges posed by the case's complexity and the passage of time.

He was sentenced to an effective seven years behind bars.

The victim, Zara Katovsky, attributed the victory to divine intervention. She was raped and groomed by McMaster, who had worked for her father as the family’s bookkeeper. 

According to Uys, they were a determined and hopeful team, aiming for successful prosecution even though the docket started with no details of the whereabouts of McMaster. He had also gone by another name, which posed its challenges in locating him.

“As a prosecutorial team, we would have to ensure that we could prove beyond a reasonable doubt that the accused committed these crimes even with the lengthy passage of time. This was a historical matter which often comes with many years of trauma and pain borne by the victim; however, we were ready to journey with her through the criminal justice system,” said Uys. 

The driving force and inspiration to secure conviction, Uys said, came from the desire to give a voice to the 11-year-old girl who suffered the trauma.

Uys, when not fighting for justice in the courtroom is a mother of two and at times may have to take home dockets with her to prepare heads of argument - sometimes in the wee hours of the morning - while being a partner, sister, and daughter. 

Uys said her children are her motivation and the desire to make her parents proud, and when time allows, she taps into her athletic side, enjoying padel and cycling.

Lauded for her success, the NPA celebrated Uys’s conviction: “This conviction is a testament to Uys's commitment to upholding justice and protecting vulnerable members of society… We commend Carryn Uys for her outstanding work in securing this historic conviction and for being a champion of justice in our community.”

Uys said: “I feel that this conviction rebuilt the trust and empowered the vulnerable 11-year-old girl to reclaim her power as an adult woman. It was a reward shared by me and our sexual offences support team of fellow prosecutors, the SAPS  Family Violence, Child Protection and Sexual Offences (FCS) unit, the court preparation officer, Rape Crisis, and colleagues. This conviction gives confidence and hope to those victims of crime who have kept silent for years, that they may have an opportunity to be heard."

“To victims of historic sexual offences, I would say, keep a journal. It is important for you to tell us how it is that you remember certain aspects because that would speak to an honest recollection, an honest memory of what had transpired. Because of the passage of time in historic matters, we do not have supporting evidence and corroboration. It’s just our victim’s word,” said Uys. 

Cape Times