Jailing an elderly Scots paedophile dubbed “Jimmy Savile Mark 2” in a notorious hellhole jail would be a “death sentence” for him, his lawyers have claimed.
Convicted child abuser and ex-teacher Iain Wares is facing jail in South Africa for sex attacks on a former pupil.
Once he is sentenced in Africa, Wares is facing extradition to Scotland where he is accused of sex attacks on dozens of boys at two Edinburgh private schools.
But a court in South Africa was told that locking him up “even for a few months” in the notorious hell hole Pollsmoor jail, which houses 40 to 60 men per cell, would kill him.
It was said that pensioner Wares, 87, would be subjected to extortion and violence at the hands of brutal gangs inside South Africa’s toughest prison and he would not survive.
The prediction came at a pre-sentencing hearing at Wynberg Magistrates Court in Cape Town yesterday following the conviction of Wares last March for a sex attack.
A social work report stated that despite being found guilty Wares has shown no remorse for his 12-year-old victim known as “Stephen” who he attacked at Rondebosch Boys School in 1988.
Expert witness Miss Arina Smit said Wares was outed as a paedophile by BBC radio presenter Nicky Cambell for attacking pupils at two Scottish schools, Fettes and Edinburgh Academy, between 1968 and 1979.
She said 65 of his former pupils came forward to allege Wares molested them.
She said that the publicity had a “snowball effect” which led to Wares being first arrested in Cape Town by Interpol.
Wares was rearrested last November on 90 fresh charges brought by 65 boys he once taught including four of rape and multiple indecent assaults.
Miss Smit told the court that the prison system in South Africa is unequipped to provide specialized geriatric nursing and palliative care and mobility assistance that Wares would need in jail.
She said: “Subjecting Wares to prison conditions would effectively condemn him to a premature death and transform a retributive sentence into a capital sentence.
“He is not a dangerous or a high risk offender and there are powerful mitigating facts warranting judicial mercy on a first time offender who is now 87 years of age.
“While the gravity of the historical offence is severe and the breach of trust profound, the mitigating factors overwhelmingly demonstrate he is not a threat to society.
“Punishing an 87-year-old by exposing him to the life-threatening overcrowded conditions of a South African prison serves no rehabilitative or protective function.
“The courts must serve the public interest not the public opinion” she said.
Social worker Miss Smit said in her pre-sentence report that following the BBC Radio 5 Live broadcasts in the UK by Nicky Campbell about Wares a “massive media cascade” was triggered.
She said: “This public exposure caused the initial seven UK complaints to rapidly leap into a consolidated extradition indictment of some 90 charges involving 65 more boys.
“This mirrors other international historical abuse cascades, such as the Jimmy Savile scandal in the UK, and Wares was now also being likened to “Jimmy Saville Mk II by a UK MP.”
Miss Smit recommended that Magistrate Vanessa Miki considers a suspended prison sentence or house arrest along with ongoing treatment.
Wares was “diagnosed” as a paedophile in 1968 after moving to Scotland to undergo voluntary psychiatric treatment for his strong urges towards young boys whilst training as a teacher.
After his three-month “treatment” ended he began teaching at the exclusive Edinburgh Academy where he allegedly abused boys and then moved onto Fettes College where he did the same.
It was alleged at his 2025 arrest he raped or indecently or physically assaulted 65 boys in Scotland aged between eight and 11 between 1968 and 1979 for which he faces 90 charges.
After sentencing Wares is due at an extradition hearing at Simon’s Town Magistrates Court in South Africa where he is expected to make a plea for the first time on the 90 Scottish sex abuse charges he was arrested for.
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