No bail for granny rape accused

The Galeshewe Magistrates' Court denied bail to a man accused of raping an elderly woman on Good Friday. Picture: Danie van der Lith

The Galeshewe Magistrates' Court denied bail to a man accused of raping an elderly woman on Good Friday. Picture: Danie van der Lith

Published Apr 8, 2016

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Kimberley - Residents of Club 2000 on Thursday welcomed the decision of the Galeshewe Magistrate’s Court to deny bail to a man accused of raping an elderly woman on Good Friday.

After petitioning the Department of Justice earlier this week, a group of protesters gathered at the court on Thursday for the formal bail application of the 29-year-old suspect, Boitumelo Kwepe, who allegedly forced entrance into the 77-year-old’s home before raping her in the early hours of March 25.

At Thursday’s formal bail application, a gallery full of angry Club 2000 residents heard the investigating officer, Sergeant Reginald Zepe, describe how the victim had been woken on the night in question by a man who she noticed walking around outside her window.

After asking the man what he was doing, he allegedly fled the scene and returned later, armed with a hammer.

“She (the complainant) woke up when he (Kwepe) was forcing her door open,” Zepe said. “When he came into the room, he covered her mouth with his hand and pulled down her panties.

“According to her statement, she tried to tell him that she was old and couldn’t give him what he wanted.

“He sat down on the bed and forced his penis into her anus. He then made her bend over the bed and penetrated her anus again.”

Zepe said that the victim stated that she had been forced to endure the ordeal for some time and when the accused had finished, he ordered her into the bathroom to wash.

Five days later (on March 31), she spotted the accused in the neighbourhood and alerted Wanya Tsotsi to his presence. The crime-fighting group apprehended the suspect and took him to the victim’s home. There, the 77-year-old apparently identified him as her assailant before the group handed him over to the police.

The victim, who is suffering from trauma, has subsequently been placed in an old aged home for her safety.

On Thursday, the accused indicated that he would plead not guilty on the charge of rape, adding that he suffered from a mental disorder, which he was not receiving treatment for while in custody.

Kwepe also expressed his intentions to enter a drug rehabilitation programme, should he be released, and said that as a political activist, his incarceration would interfere with his participation in the upcoming local elections.

His defence attorney argued on Thursday that the State didn’t have a very strong case against the accused and was reliant on the testimony of a single witness, adding that her client also had no history of absconding and couldn’t interfere with the witness as she was in a home.

However, Magistrate Conraad Prinsloo pointed out that this was not sufficient grounds to grant bail for this schedule five offence.

“If he is released, his life could be in danger,” said the magistrate, referring to the sentiments of the community.

“It has also been said that bail is often granted too easily.

“Freedom does not mean anything if it cannot be enjoyed in a safe environment. It has also happened previously that upon release on bail, suspects have re-offended.

“It is not in the interest of justice to release him even if the victim is in a home. Therefore, bail is denied.”

Following the outcome of the bail application, the protesters were satisfied with Prinsloo’s decision and said that they were hoping an example would be made of the accused.

“It is better that he is not allowed to come back to the community because we don’t want these elements in our neighbourhood. Crime is an ongoing problem and we aren’t going to accept it any more.

“It is disgusting what happened to that granny. We want it to be made clear that there is no place in society for people like this and we are really glad that he isn’t going to be allowed to walk around free before his trial.”

DFA

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