Durban — The bail application for a 47-year-old man charged with the rape of a woman with Down syndrome is expected to conclude on Friday. The accused made his second appearance in the Pinetown Magistrate’s Court on Tuesday, where his bail application got under way.
He is alleged to have raped – on more than one occasion – his 33-year-old neighbour in Luganda earlier this month. The State has not opposed bail.
The prosecutor said one of the reasons for this was that the investigating officer had verified an alternative address for the accused to relocate to since he and the alleged victim were neighbours.
“There is a statement from a relative of the accused willing to accommodate the accused. Another reason given by the investigating officer is that the accused is not a flight risk, as he does not have any travel documents. These are the main reasons for bail not being opposed.”
The prosecutor said according to the aunt of the alleged victim, the accused allegedly jumped over their fence and entered their yard while the victim was in the lounge, sitting on the sofa watching TV. The accused then allegedly came in, took a condom from his pocket and took off his clothes. He allegedly took off her clothes and raped her. After this he allegedly took the condom and left the house.
The alleged victim was then taken to a doctor, who confirmed bleeding in her vagina. She was interviewed and alleged that it was not the first time this had happened.
Defence attorney Sizwe Khanyile, in his client's bid to be released on bail, read to the court his affidavit prepared for the application.
He said that his client intended to plead not guilty in the matter.
Khanyile told the court that the accused, who had no pending or previous cases, was a father of four and had just secured employment, which would commence as soon as he was released on bail.
The accused said, according to Khanyile: “I will not evade trial, not interfere with State witnesses or the investigation. I will not jeopardise the proper functioning of justice. I have no fear for my safety if released on bail. The interest of justice does not demand I be detained, so my continued detention is not warranted. If I am granted bail, I can afford R500, which my fiancée will assist with."
He said his fiancée was unemployed and had no means to support herself and the children, adding that if he was kept in custody he would lose the employment he had just secured.
He said that there was no scientific evidence linking him to the crime, adding that the State had a long way to go before investigations were finalised.
Daily News