Durban — An investigating officer described a Mariannhill man, who was arrested for kidnapping and extortion while in the dock for the same charges but in another case, as a habitual criminal.
Ntuthuko Mbhense, who had been out on R3 000 bail charged with kidnapping, extortion, robbery with aggravating circumstances and sexual assault, was denied bail in the Pinetown Magistrate’s Court this week.
He is charged along with Sboniso Myeza who opted not to apply for bail.
Mbhense was arrested earlier this month when he was pointed out by the victim while in the dock for the matter which he was out on bail for.
Magistrate Gwendolyn Robinson said it was an undisputed fact that Mbhense had a pending matter of a similar nature.
She said the court noted the applicant's exceptional circumstances, as outlined in his affidavit, which were that he had strong emotional, family and occupational ties with the trial district and that he was self-employed and had a minor child who lived with him from time to time.
Robinson also noted that Mbhense in his affidavit said that the minor child would suffer irreparable damage if he was kept in custody.
"I have been given nothing to support this…The accused says the strength of the State's case or lack thereof is to be considered as an exceptional circumstance and that the accused says he does not know how he is linked to the case and that the complainant might have been biased or influenced when she pointed him out. The defence also submitted that the identity of the accused in this matter was uncertain as there was no identification parade held.
Robinson said the interest of society and proper functioning of the justice system had to be balanced against the personal interest of the accused.
"Without going into the merits of the matter, I can't state the evidence against the accused is to such a minimal degree that he can prove that he can probably be acquitted. The complainant was able to identify the role played by the accused. It appears the State does have a prima facie case. The applicant has a minor child that stays with him from time to time which gives an indication that at other times the child is being looked after by someone else.”
She said there was nothing from Mbhense’s personal circumstances that cumulatively amounted to exceptional circumstances.
“The complainant suffered much trauma, her clothes were torn, she was tied up, raped by a second person, she was kept in the bushes the whole night... with her family also paying ransom hoping for her release…The applicant did not discharge the onus to present to the court exceptional circumstances therefore bail is refused accordingly.”
According to the State, Mbhense is said to have committed the alleged offence in 2020 in Mariannhill.
Warrant Officer Jerry Abraham told the court that it was alleged that the victim had responded to an advert on Facebook for a nanny job. She was fetched in a car by three men, which included Mbhense, under the pretext they were taking her for an interview for the advertised employment.
“The victim was kept tied up in the bush for one night where one accused raped her. She was taken to a house in Mariannhill where she was forcefully given drugs and raped again. R2 000 ransom was paid by her family.
“I’m opposing bail because the interest of justice does not permit his release on bail…The accused committed previous offences of the same nature. It is clear from this case that he is a habitual criminal with a blatant disregard for the law. He will endanger the public if he gets bail.”
The matter was adjourned to next month (September).
Daily News