Child rape accused to represent himself

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File photo

Published Jun 20, 2016

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Durban - A Durban magistrate asked a man accused of human trafficking and rape three times if he was certain he wanted to represent himself because, if convicted, he could be sentenced to life imprisonment.

The 40-year-old man from Swaziland, who cannot be named until he has formally pleaded to the rape charge, was however adamant on Friday that he did not want legal representation because he did not trust legal representatives.

The Hawks arrested the man on Wednesday for allegedly abducting three minor children in Swaziland last year and bringing them to South Africa.

It is further alleged that he repeatedly raped the 14-year-old girl who fell pregnant.

According to Hawks provincial spokesman, Captain Simphiwe Mhlongo, a case was opened at Mbabane, in Swaziland, and the docket was handled by Interpol.

He said the three children, two of whom are believed to be his biological children and the 14-year-old girl, his stepdaughter, are now in a place of safety.

Mhlongo said the man may be charged with kidnapping at a later stage.

According to the draft charge sheet, the human trafficking charge related to him allegedly harbouring a 14-year-old girl from 2014 to 2015 in Jozini.

He is also charged with raping the young girl during this time. The third charge he currently faces is entering the country without a permit.

State advocate, Val Dafel, asked magistrate Shaun Carlow for an adjournment until next month as some investigations were still outstanding and the State still had to interview the young girl.

Dafel indicated the State would be opposing bail.

The magistrate warned the man that he faced a life term of imprisonment should he be convicted for human trafficking and rape and said it was therefore imperative he consider legal representation.

“You are entitled to a private attorney or one from Legal Aid or you can represent yourself, but given the seriousness of the situation, that is inadvisable,” the magistrate said.

The man opted to speak for himself, leading the magistrate to ask if he was certain about this. The man said he was. He was asked again later in the court proceedings by the magistrate: “Is there some reason why you don’t want legal representation or Legal Aid?”

The man later admitted to the court that he did not trust Legal Aid.

The man also told the court he intended pleading not guilty to the charges.

The matter was adjourned until July 5.

Daily News

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