Cape Town - The Brackenfell police officer accused of sexually assaulting a 26-year-old woman on a farm in Stellenbosch was granted R2000 bail in the Blue Downs Magistrate Court on Wednesday.
Bulelani Mphoki, 46, made his second appearance in court for his formal bail application following his arrest on January 14 for allegedly raping the young woman whilst on duty.
During Mphoki’s appearance, the court heard the victim’s decision to withdraw her case against him.
Mphoki’s attorney advocate Luzoko Guma revealed that the victim had approached the court in the morning to drop her case against his client whilst arguing for Mphoki to be released from police custody.
While Guma did not reveal why the victim had decided to drop the charge against Mphoki, he said that he doubted the case would go to trial, asking presiding Magistrate Chris Van Schalk to grant his client bail at R1000.
Guma also argued that his client was suffering immensely being in custody due to him having a medical condition that has been worsening during his time behind bars.
He also claimed that Mphoki’s family, consisting of five dependants, would be adversely affected by his continued stay in jail as he was the main breadwinner.
While the State did not oppose bail for Mphoki, State prosecutor Elton Marthinus implored the judge to set bail at R2000 due to the seriousness of the case and considering Mphoki’s position as a member of the SAPS.
Marthinus also produced a letter written to the court by the Brackenfell Community Police Forum speaking against Mphoki being granted bail as motivation for the State’s request for bail to be granted at a higher amount.
Speaking to the victim's decision to withdraw her case against Mphoki, the State said that it would leave the decision on the way forward up to the Department of Public Prosecution (DPP).
Mphoki’s case was adjourned until March 30, 2022, when the State will announce the DPP’s decision.