Johannesburg - There was drama surrounding the case regarding fugitive and alleged sex pest Rabbi Eliezer Berland at the Randburg Magistrate’s Court on Friday morning.
A bail hearing was supposed to continue just after 9am but Berland's lawyer, Themba Langa, did not arrive.
There was confusion and uncertainty as several attempts were made to get a hold of him to no avail.
At one point one of Berland's supporters asked prosecutor Advocate Nerisha Naidoo if he could represent the rabbi because he's a lawyer.
By 11.30am Langa had arrived but an argument ensued between the rabbi's supporters and Langa in the hallway of the court house. “You're not helping him, we want him out,” said one of the followers angrily.
Langa then responded that the followers were being “rude”.
“You don't know or understand the process of the law, there is a process, do you know what it means to close the case?
“You want to be rude to me but you don't understand the law,” he said as the follower walked away from him and Langa made his way towards the courtroom.
“I don't mean to be rude, I just want him out, he needs to be out,” the follower responded.
His followers want Berland to be released on bail so that he can celebrate the Jewish holiday of Passover in the correct way according to Jewish law.
Once proceedings began after 12pm, Magistrate Pravina Raghunandan questioned why Langa was late. “I had an argument with my client,” he said apologetically
An upset Berland was brought into the court after spending the night in Kgosi Mampuru II Correctional Centre in Pretoria. “I'm going to die,” he shouted at the magistrate.
He claimed that he hadn't been given his Kosher food and medication for three days.
The State said that arrangements would be made to make sure he receives Kosher food whilst in prison.
Langa asked that this be put on the record.
The magistrate then adjourned court so that Berland could take his medication as requested. His followers came around him while in the dock with one handing him his medication which he was seen taking.
On Thursday, the State did not complete its arguments in opposition to Berland receiving bail.
In opposition to bail Naidoo argued that Berland was a flight risk due to his track record of fleeing countries, like The Netherlands and moving to countries that have no extradition treaty with Israel. It was also revealed that the diplomatic passport from the Ivory Coast that Berland entered South Africa with, is a fake. This was checked with authorities in the Ivory Coast.
The State also said that Berland has no fixed address, no fixed employment and has no intention to return to Israel.
As she read an affidavit compiled by the investigating officer, Naidoo said it was also not clear how Berland had entered the country.
The affidavit also contained the charges for which Berland is wanted for in Israel. This include four counts of sexual assault and a count of assault with intent to cause grievous bodily harm.
The defence argued that he should be granted bail because he is unwell as he has an underlying heart condition and is also in need of psychiatric care as he is suffer from depression and anxiety due to his current circumstances.
Langa also said Berland is not a flight risk because he's old and sick.
“”He is not in a position to be without medical care and any type of extra stress and anxiety can precipitate the rabbi’s condition… his ongoing detention will likely cause a further deterioration in his health,” his cardiologist, Dr Mahomed Bux said.
Berland, who is the leader of Shuvu Bonim Hassidic sect in Jerusalem, fled Israel in February 2013 after allegations of sexual assault were made by some of his women followers.
He has sought refuge in several countries including Zimbabwe, Morocco, Switzerland and most recently Holland where he managed to escape after being arrested.
This is the second time he has taken shelter in South Africa following several months spent in the country in 2014 prior to his stay in Holland. During that time, he managed to evade the Hawks twice.
The bail application continues.
The Star