Kimberley -
With an air of arrogance and an apparent disdain for the officialdom of the court’s procedures, a 24-year-old Galeshewe man appeared briefly in the Kimberley Magistrate’s Court on Thursday on charges of rape and attempted murder following the rape of a six-week-old baby.
The suspect, who may not be identified as he is the uncle of the infant victim, continuously rubbed his eyes and his cheek as he stepped into the witness box in Court D, traditionally set aside for first appearances.
Thin, with dreadlocks and a visible scar on his cheek, there were gasps from those who had packed the tiny courtroom, when his name and the charges – rape and attempted murder – were read out.
Not once did the young man lift his eyes to look at Magistrate Kubashnie Padayachee but kept his face down and partially hidden away by either rubbing his eyes with his hands or tucking his face into his shoulder.
As Padayachee read out his rights, informing him that he was entitled to an attorney and if he could not afford one, he could apply for legal aid, he mumbled, almost incoherently in Tswana, that he would conduct his own defence – once again eliciting a shocked intake of breath from the benches in the hot courtroom.
Padayachee explained again that legal aid would be free of charge but he was adamant: “I will defend myself.” This time the gallery sniggered in response.
Patiently, Padayachee took the reins once again: “I strongly advise you to make use of the legal aid lawyer. This is a very serious charge and the legal aid lawyer will assist you.”
“I am sharp. I don’t want a legal aid lawyer,” the court interpreter repeated the accused’s statement loudly in English. His own response had been almost inaudible.
Immediately, the State prosecutor, Anele Kohlani, jumped up. “The State opposes bail. This is a schedule six offence. He is facing charges of raping a six-week-old baby and the attempted murder of a police official (referring to a previous incident).”
This time, when asked if he understood, the accused did not even bother to reply but just grunted in response. The interpreter took it as an affirmative: “I understand Your Honour,” she repeated loudly on his behalf.
Another grunt acknowledged that he understood that the case was postponed to December 12 for a formal bail application and he would remain in custody until then.
And, as he was led out of the dock by a police officer and escorted down to the cells, he never once looked up.
Meanwhile, outside the courtroom, NPA spokeswoman, Mashudu Malabi, who sat through the proceedings, told reporters that the attempted murder charges related to an incident in which he allegedly stabbed a policeman.
It is believed that on November 16 he pulled a knife and threatened patrons at a jazz club in Phakedi Street.
“When the police tried to arrest him, he allegedly resisted arrested and stabbed a police officer. He was then shot twice by the police officer and was admitted to the intensive care unit in the Kimberley Hospital.
On Thursday, several members of the public contacted the media to report that while he was in the Intensive Care Unit, he was under police guard but after he was moved to a general ward, he was apparently no longer under police surveillance.
Malabi was unable to comment on these allegations on Thursday, stating that the police would be in a better situation to confirm or deny the rumours.
She did, however, confirm that he was released from the Kimberley Hospital on Monday – just hours before the infant was raped.
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