Johannesburg - The official accused of sexually assaulting a woman in his office at the Palm Ridge Magistrate’s Court was granted bail on Friday because the State’s case against him was deemed not strong enough.
On Thursday, he claimed that the woman was his mistress, who had cried rape out of embarrassment.
The administrative clerk, Frank Hlatshwayo, was arrested last week on court premises for allegedly putting a gun to a woman’s head and raping her after she refused to pay a bribe he had tried to solicit.
But during his bail proceedings, Hlatshwayo painted a different picture, saying sex in his office was consensual – and commonplace.
The frail-looking 64-year-old told the court he and his accuser were in a relationship for several months, and used to meet often for casual sex and “cuddling” in his office to ensure their partners would not find out.
When they had their “appointment” for sex last Monday, he unlocked the door too soon. A colleague walked in while his alleged lover was getting dressed, and began asking questions. The woman made uncomfortable noises and the colleague assumed something was wrong and ushered her away.
Hlatshwayo said she must have accused him of rape when she was interrogated by court staff.
State prosecutor Albert Dwera said that apart from the rape and attempted murder charges, Hlatshwayo could also be charged with kidnapping and corruption in the future.
On Friday, investigating officer Captain Themba Vezi was called to the stand to detail the State’s case but was unable to withstand a cross-examination from Hlatshwayo’s lawyer Paul Leisher. The lawyer insisted that the medical report conducted on the woman did not show signs of rape, merely a reddening of the area around her urethra.
Leisher argued that the woman’s credibility was suspect as her written affidavit contradicted what she had told police, as well as what she had said in other media reports. She had told the media that a gun was used to threaten her to have sex with Hlatshwayo. However, she had told police that he had threatened to kill her with it if she revealed anything about the rape.
“The State’s case is nonexistent, or subject to serious doubt,” Leisher stated, arguing that his client’s lack of a criminal record meant the State had no reason to keep his client behind bars while he awaits trial.
In his bail judgment, magistrate Leon Ferreira said Hlatshwayo was not a serious risk to his accuser or witnesses, nor was he likely to interfere with the case. He said the State’s case, while not weak, was not strong enough to deny bail, as the alleged crime was a sexual offence relying on a single witness.
Ferreira believed that the medical report was not substantial enough to prove the State’s case.
Hlatshwayo was granted R5 000 bail and his case will return to the Palm Ridge Magistrate’s Court on October 31.
The Star