Durban — The Pinetown Magistrate’s Court on Tuesday heard how a 38-year-old man allegedly began raping his daughter in 2021, the last occasion being in July last year.
The man charged with the alleged rape of his 16-year-old daughter was making his formal bail application on Tuesday, where he was released on R4 000.
Details of the summary of facts in the case were revealed by the investigating sergeant, Balungile Mgobhozi, while on the stand. She told the court the case was reported to her in January this year, and when she took the teen victim for a medical assessment it was discovered that she was seven months’ pregnant.
“The accused is linked to the case as he was pointed out by the victim who said that he is her father.”
Mgobhozi said DNA would form part of her investigation, adding that she was preparing to do a paternity test when the baby was born in April.
“I am opposed to the accused being released on bail because he will interfere with my investigation. The victim doesn’t seem to understand that what was done to her was wrong.
“When I interviewed her she told me to mind my own business and said she did not want her father arrested and wanted to continue living with him.”
The sergeant explained that the victim, who had been living with her father and his girlfriend, now lived with her biological mother.
“She (the teen) has also said she does not want to live with her mother. I believe if the accused is released on bail, he will contact the victim.”
Mgobhozi said when she tried interviewing the accused in preparation for the application, he had told her he did “piece jobs”.
“He then said he did not want to talk further with me because I am a woman and I will never understand him.”
Mgobhozi had asked the court to refuse the man bail and remain behind bars in Westville Prison so she could complete her investigation.
“My investigation is almost finished. I’m waiting for the first reporter, who doesn’t want to be known... he informed social workers of what was happening. And then it’s also the paternity test that has to be done.
“The victim, who still does not seem to understand that what was done to her was wrong, is seeing social workers and getting counselling,” said Mgobhozi.
During cross-examination by the man’s Legal Aid attorney, Cebo Buthelezi, Mgobhozi was asked if a protection order and bail conditions would not allay her concerns that the accused would interfere with her investigation.
“It will not remedy the concern – my investigation will be disturbed because the victim does not see anything wrong with what has been done to her.
“As I stand here I represent the State and she is a minor child who doesn’t seem to understand what has happened to her. I need to protect and keep her safe,” she replied.
The man laid out his personal circumstances, which he said through an affidavit were “exceptional circumstances” that permitted his release on bail.
He said he was self-employed as a builder and plumber and the income he made supported his two minor children and girlfriend, with whom he lived.
In granting bail, magistrate Wendalynn Robinson said that while she understood the State’s concerns, she had been satisfied that the man had discharged the onus on himself to prove exceptional circumstances, permitting his release on bail.
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