The case of the 76-year-old Polish national, accused of charges of rape, human trafficking, and sexual exploitation, was postponed for the same reason as the previous court appearance – the unavailability of an interpreter.

The matter could not proceed as the accused requires language assistance to follow the proceedings.

This was his sixth court appearance in the Germiston Magistrate’s Court on October 17.

Appearing alongside him was a female co-accused whose identity cannot be disclosed due to the protection of a minor involved in the case.

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The two appeared before Magistrate Van Wyngaard on October 15 for a formal bail hearing. A Polish translator, validated by the Johannesburg High Court, assisted the accused, who resides in Lambton.

Proceedings for the day concluded with the translator’s assistance. No formal plea was entered as the defence was still questioning the investigating officer.

The matter was postponed to October 17. However, that day’s translator was not validated by the Johannesburg High Court, and the proceedings could not continue.

The man, Accused Two, was arrested in September after allegations emerged linking him to Schedule 6 offences, which include the sexual exploitation of minors.

According to investigating officer Sergeant Themba Maringa, the victim’s aunt opened the case.

The victim, who is 13 years old now, was living with her mother at the time of the alleged crimes in 2023.

It was further revealed in court that Accused Two had previously faced similar charges. The court was told that a case was withdrawn after the alleged victim went missing.

Bail hearing

During the bail hearing, Van Wyngaard instructed the accused to disclose any previous arrests as part of the proceedings.

Affidavits were submitted, and each accused confirmed through their translators that they understood the content of the documents filed by their legal counsel.

Maringa, the investigating officer, was sworn in and questioned first.

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Mr Mofokeng, the prosecutor, argued that the accused should not be granted bail.

Both the prosecution and the defence had the opportunity to cross-examine Maringa on the merits of the case.

According to Maringa’s affidavit, the victim, a 13-year-old girl, claims to have been staying in Newcastle with her father and aunt.
Her mother, Accused One, took her to Gauteng in the middle of 2023 and failed to enroll her in school.

“The mother used to take her daughter to her employer’s house, where she works,“ Maringa told the court.

“The victim claims that her mother’s employer, Accused Two, sexually abused her, and that her mother facilitated the recurrent assaults in exchange for money. This demonstrates a disdain for the child’s safety and well-being,“ Maringa said.

He told the court the child grew tired of the abuse, and the girl confirmed it to her aunt when questioned. Her aunt then filed a report with the police.

“The Accused Two allegedly threatened to kill both the mother and the daughter if they were to report him,” Maringa said.

“By granting them bail, the mother may also attempt to persuade, or threaten the victim, who is a vulnerable minor.”

Maringa told the court Accused One has no previous convictions, but the serious nature of the charges against her outweighs any consideration for granting her bail.

“It is in the best interests of the child that the accused remain in jail,” he said.

Maringa said that the Polish national should not be granted bail as he too may intimidate the victim.

“The accused had a prior sexual assault case, which was withdrawn. He is a gun owner, which escalates the risk of harm to the victim and potential witnesses,“ said Maringa.

“The accused was born in Poland and holds a valid passport, presenting a substantial flight risk.”

He further told the court that the Accused One was employed by Accused Two.

Maringa is yet to interview the victim. He told the court he needed additional time to complete his investigations.

He stated that he intends to confiscate personal items that might contain evidence relevant to the case.

Prosecutor Mofokeng criticised Maringa, stating that his excuse for not having commenced further investigations was inadequate and warned that evidence could be tampered with at this stage.

The cross-examination intensified when the Maringa admitted he did not know the whereabouts of the firearm belonging to Accused Two, as it had not yet been confiscated.

Defense

During the defense’s questioning, Chauke challenged Maringa on several points, including the year in which the victim was taken from Newcastle and was reportedly not enrolled in school upon arrival in Gauteng.

“It occurred in 2023, and the victim is currently in Grade Eight,” he responded.

Chauke argued that this statement was false, pointing out that the victim’s age and current grade level correspond, indicating there was no gap year in her schooling.

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He suggested that the alleged gap year is inconsistent with the facts and implies that Accused One, the mother, acted irresponsibly by relocating the child in the middle of the school term from Newcastle.

Chauke also criticised the investigating officer for raising an old case against Accused Two, emphasising that the prior sexual assault case had been withdrawn and thus should not be used to prejudice the current matter.

Chauke did not conclude his questioning, nor did he have the opportunity to do so on October 17 due to the unavailability of a translator.

On that day, the court postponed the matter to November 6 and 7 to allow time to secure a translator again, noting that seven days are required for the application process.