Durban - A serial rapist who was declared a "dangerous criminal" by two magistrates who convicted him of more than 40 criminal acts and sentenced him to serve indefinite periods in prison, is making a bid for freedom.
In what must have felt like deja vu to Andre Gregory Mahomed, now 45 years old, he stood in the dock on Thursday of the same Durban Regional Court in which he was sentenced and convicted by the same magistrate, Sharon Marks, 15 years ago.
Representing him was the same defence attorney from that time, Bob Bahadur, and the policeman who nabbed him, Lieutenant-Colonel Anton Booysen, was on hand to assist prosecutor Val Melis to oppose his application.
Mahomed, a welder who lived in a flat above a chicken shop in Overport at the time, went on a robbery and rape spree in Durban during 1996 and 1997, targeting young women living in Morningside and the Berea.
The crimes, while reported, were not initially linked. Booysen, who was attached to the Serious and Violent Crime Unit, was handed one docket. After digging around he soon discovered the other cases and arrested Mahomed, who was denied bail.
One day, after being taken to Durban Central for an identity parade, Mahomed escaped. It later emerged that he moved to Pretoria where he continued his criminal ways, robbing and raping women there.
Through an informer, Booysen learnt that he was living in a flat opposite the Yeoville police station. He asked local police officers for assistance, and as they went to arrest him, Mahomed, armed with a gun, jumped through a window right into the arms of one of them.
He stood trial separately in Pretoria and in Durban. In the Pretoria matter he was initially sentenced to 177 years in jail. This was overturned on appeal by magistrate Desmond Nair, who, according to records before the court on Thursday, declared him a dangerous criminal, and in terms of a little-used law, sentenced him to an indefinite period.
Nair's sentence in January 2005 mirrored that already handed down by Marks in Durban in May 2001 after she convicted Mohamed of 21 counts of rape, indecent assault and housebreaking, robbery and escaping from custody.
In both instances the magistrates, in terms of the law, had to specify a date on which Mahomed had to come back to court for reconsideration of sentence.
While not confirmed, it is believed that in the Pretoria matter that date is sometime in 2020. But in Durban it was in May this year, and Mahomed has now made several court appearances before Marks, who has to decide whether or not he is still a threat to society.
Melis has handed in psychologist and parole board reports - neither of which recommended his release.
SAPS psychologist Lieutenant-Colonel Bronwynn Stollarz said she found Mahomed to be manipulative and he had tried to minimise and rationalise his offending behaviour.
"He acknowledged a history of voyeuristic behaviour - as well as watching the homes of potential victims," she said in her report. She said there was a high risk that he would reoffend because of his lack of insight into his behaviour.
James Shabalala, chairman of the Correctional Supervision and Parole Board, said he also could not recommend release, because it appeared Mahomed had not been rehabilitated.
Melis placed on record that only four victims had been prepared to make victim impact statements.
"The others do not want to get involved at all because of what they went through. They do not want to take part in any victim-offender programmes. They do not want to see him again because of what he did to them. The four who gave statements are all opposed to his release," she said.
The hearing was adjourned until next month so that Mahomed's prison file could be brought to court.
The Mercury