Cape Town – While an 85-year-old former teacher appeals against his extradition to Scotland, his local case in Cape Town, South Africa has been delayed as a second witness was set to take the stand this week at the Wynberg Magistrate's Court.
The witness was expected to take the stand on Thursday, where Iain Wares faces a charge of indecent assault, to which he has pleaded not guilty.
But the magistrate presiding over the matter could not be present, delaying the case by at least two months.
The witness, who cannot be identified, will now take the stand on November 26.
The case relates to a victim who came forward after more than 30 years.
The victim, dubbed “Stephen”, took the witness stand mid-year where he told of the indecent assault allegedly by Wares.
The now 47-year-old broke the silence, claiming he was abused by Wares, who was a teacher at Rondebosch Boys Preparatory during 1988.
Wares is facing one count of indecent assault which took place in Rondebosch in 1988.
He is alleged to have 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.
In terms of an alternative to this, the indecent assault charge: Wares had previously been charged with assault, which has now fallen away.
Miranda Jordan, of Women Against Child Abuse (WMACA), who has been supporting the alleged victim of Wares, said they hoped for fewer delays.
“We are deeply disappointed in the postponement of the case, the 85-year-old former South African teacher accused of multiple counts of historical sexual and physical abuse against little boys here and in Scotland.
“(This) was due to continue and the local hearing is at a critical point as the last State witness was due to testify. The main complainant has finished and we were hoping it would have been the last day of witness testimonies.”
Wares was fighting another battle: an extradition request made by the UK in 2018. A warrant issued for his arrest in 2019.
Wares initially made a written affidavit of admissions to having inappropriate urges to touch boys and to sexually abusing them but it was retracted with the claim that he had been ill-advised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.
In August, 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 it would be opposed to it.
The extradition is sought by prosecutors in Scotland.
WMACA said in the extradition decision judgment, the court ruled that Wares could be extradited on three of seven charges.
“The judges said he could not be extradited on the other four charges, because they were too far in the past and at the time they had been issued, they had been timed out under South African law,” said WMACA.
“The judgment means Mr Wares could now be sent to Scotland, where the Crown Office and Procurator Fiscal Service (the independent public prosecution service for Scotland) has said he faces 74 charges.
“The court's decision now requires a decision from South Africa's justice minister.”
They said BBC presenter Nicky Campbell was among those who have made allegations against the former teacher.