Bronkhorstspruit - A 45-year-old man accused of raping his parents’ domestic worker and forcing her to perform sexual acts on his dog was on Thursday denied bail by the Bronkhorstspruit Magistrate’s Court, east of Pretoria.
Magistrate David Shikwambana delivered his judgment to a fully packed court room.
He said his decision to refuse bail was partly based on section 60(11) (a) of the Criminal Procedure Act 51 of 1977. This section provides that the accused, who is charged with a schedule six offences like the accused in this case, could only be granted bail if they give the court evidence that exceptional circumstances exist which permit their release in the interests of justice.
“When I look at section 60 (11) (a) of this Act, I struggle to see reasons why he should be granted bail,” said Shikwambana.
Shikwambana accepted the argument presented to the court earlier by the accused’s lawyer, Ehleketani Maluleke, that the offences allegedly committed by the accused on his alleged 41-year-old victim were not racially motivated.
She supported her argument by saying the accused was married to a black woman who died of natural causes in December 2005. Maluleke presented a document to the court from the home affairs department which confirmed the marriage.
“This man is not a racist as I look at him. That is why he was married to a black woman. I’m satisfied the [bail] application may not be of a racist nature.”
Shikwambana said another reason for his decision was that he took into account a fact raised by State Prosecutor Tiisetso Leballo earlier that community members would be outraged and take the law into their own hands if the accused got bail.
The man is facing 10 charges including rape, sexual assault and malicious damage to property. He was arrested in November last year. The incident allegedly happened in Riamar Park, Bronkhorstspruit, on October 23.
The matter was postponed to April 24 for further investigations.
African News Agency/ANA