‘Cops misled Uber accused during his arrest’

File photo

File photo

Published Oct 14, 2016

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Johannesburg - The lawyer of a 25-year-old Uber driver accused of kidnapping, assaulting and raping clients has claimed the investigating officer has purposefully tried to mislead him and the courts overseeing the case.

It was revealed on Thursday in the Randburg Magistrate’s Court that the 25-year-old and his co-accused are suspected of being involved in at least four incidents where an Uber vehicle was used to rob and rape clients.

The two accused have launched a bail application. On Thursday, investigating officer Captain Philip Radebe took the stand after claiming in an affidavit he believed the two men should not be granted bail due to their being a flight risk.

The driver’s lawyer, Vincent Makamu, accused Radebe of failing to inform him of when his client was appearing in court, said Radebe had failed to secure a warrant of arrest when apprehending the driver, and had lied about having difficulty arresting him.

But under cross-examination, Radebe was adamant the lawyers had been informed of the court appearance.

He also said he was legal in his arrest, as a warrant was not necessary if there was sufficient suspicion that a suspect had committed a crime.

He claimed his team of officers who arrested the driver on two separate occasions had all insisted the man was a potential flight risk.

And, while Makamu told the court on numerous occasions that the State’s case against his client was very weak, Radebe said there was significant evidence linking the men to the crimes, which was why four separate case dockets had been opened in recent months.

While both the State and defence are expected to continue arguing on October 18, Ulrich Roux, the lawyer on a watching brief for two of the victims, has said he believes the court is unlikely to grant the men bail.

He explained that because the charges - rape, kidnapping and robbery - were schedule six offences, it would be up to the defence to prove exceptional circumstances for the accused to even be considered for bail.

“There are no exceptional circumstances so far... There is a strong case against the accused,” he pointed out.

Last week, through an affidavit, the 25-year-old said that while he was arrested on August 24 and released two days later, it was on September 16 that the investigating officer invited him to a meeting to discuss the case.

Wanting to co-operate, the man went to meet the officer and was subsequently arrested, allegedly without a warrant.

He then said he was forced to take part in an identity parade without his lawyer being present, and was later told he had been pointed out by one of the victims of the attacks.

The hearing continues.

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The Star

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