Child rape accused warns court

Double child rape accused Moses Monnapule told a Kimberley court that he might not be "visible" at his next court appearance. Picture: Soraya Crowie

Double child rape accused Moses Monnapule told a Kimberley court that he might not be "visible" at his next court appearance. Picture: Soraya Crowie

Published Sep 22, 2015

Share

 

Kimberley - Double child rape accused Moses Monnapule, 42, abandoned his right to bail for a second time on Monday, and told the court that he might not be “visible” at his next court appearance.

Wearing a bandage wrapped around his head, Monnapule also accused the investigating officer of assaulting him and making racist remarks towards him.

Monnapule was charged with raping a six-year-old girl and an eight-year-old girl in his shanty in Madiba Square in June after luring them away from their homes.

The two friends were kept overnight in his home, where one of their parents only found them the following day, locked inside the accused’s shack.

The accused previously abandoned his right to apply for bail but changed his mind and was expected to apply for bail in the Kimberley Magistrate’s Court on Monday.

A picket that was scheduled for outside the court building did not take place as planned, as the organisers had not applied within the seven-day notice period.

Monnapule demanded that a new investigating officer be assigned to the case, as he claimed that he had been threatened and harassed by the current investigating officer.

“Because my request is not being considered by the court, I do not see the point of applying for bail because I have no help. I am not asking for the investigation to be stopped. If the court cannot grant me this request, and I am no more, can I still be buried at correctional services,” Monnapule asked.

“The reason why I am asking is that I will not be able to proceed at the following court date, if I am no longer visible.”

Senior State prosecutor, Tebogo Namisa, added that even if the investigating officer was replaced, the facts of the case would not change.

“It is the accused’s choice if he wishes to abandon his right to bail.”

Shaking his head, Namisa stressed that the State would nonetheless oppose bail “at all costs” due to the seriousness of the charges.

“The appointment of an investigating officer rests solely with the South African Police Service. There is nothing that we can do in this regard.”

Namisa indicated that he had written a letter to the commander of the forensic science laboratory in order to speed up results of the DNA analysis, so that it could be made available to the court at the next hearing.

Magistrate Kubashnie Padayachee stated that the court had “done nothing” to the accused and was only trying to assist him in so far as his rights to bail were concerned.

She pointed out that he should take up the allegations against the investigating officer with his attorney, which had no relevance to his bail hearing.

“It is not within the powers of the court to remove an investigating officer, whether or not it is a poor investigator. The police have their own structures and procedures.”

Padayachee postponed the matter for further investigation, pending the outcome of the outstanding DNA results, until October 14.

The accused will remain in custody until his next court appearance.

The legal representative for the accused, Nadine Smith from Legal Aid South Africa, added that the defence would follow up the allegations against the investigating officer.

 

Diamond Fields Advertiser

Related Topics: