Durban — A 47-year-old man charged with the alleged rape of his Down Syndrome neighbour was ordered to relocate to Stanger as part of his bail conditions.
The man was granted R3 000 bail in the Pinetown Magistrate’s Court on Friday.
He is alleged to have raped on more than one occasion his 33-year-old neighbour in Luganda in the district of Pinetown.
The accused is alleged to have jumped over their fence and entered the alleged victim’s yard while she was in the lounge watching TV.
It’s further alleged that the accused entered the home and took a condom from his pocket, took off his clothes and then his neighbour’s clothes, and raped her. He allegedly took the condom and walked out.
After this alleged incident in July, it was established from the victim that she had allegedly been raped on more than one occasion.
Acting magistrate Mkhize said the bail application fell within a schedule 6 offence. Bail was not opposed by the State.
The accused had no previous or pending cases against him and had employment lined up upon release.
On the day the accused appeared in court for the second time for his bail application, the matter had to be adjourned as there had been two alternative addresses provided, one in KwaNdengezi and another in Stanger; however only the one in KwaNdengezi had been verified.
At the time the State had asked that the accused have the address in Stanger verified as KwaNdengezi was in the district of Pinetown and quite close to Luganda.
On Friday, magistrate Mkhize said that the accused in his application had made commitments to comply with conditions should he be granted bail.
“The State has not challenged any of these; this then leaves these commitments unchallenged.
“Normally it is a mammoth task for applicants in a schedule 6 matter to be granted bail because he would have to convince the court of their exceptional circumstances.
“The applicant has succeeded in discharging the onus that rested upon him. There are exceptional circumstances that exist and the court should release him under these circumstances.”
In his bid for release on bail, the man had said that he could afford R500 for bail. The State had proposed an amount of R4 000 considering the seriousness of the offence and to secure the accused’s attendance at court.
“The amount of bail has to be such that the accused is able to pay it and comes to court till the matter is finalised; it also can’t be an amount too high that the accused can not afford it.
“Bail is set at R3 000, you are to remain in Stanger for the duration of the matter.
“If you fail to adhere to the conditions your bail will be cancelled and you will be kept in custody until the matter is finalised.”
Daily News