The case of the 76-year-old Polish national Adam Swierczek, accused of charges of rape, human trafficking, and sexual exploitation, together with his female co-accused, whose identity cannot be disclosed due to the protection of a minor involved in the case, has been denied bail.

The bail judgment was passed on November 19 after seven appearances. Magistrate Van Wyngaard passed the judgment.

The two accused were arrested in September after allegations emerged linking them 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.

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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 the accused two had previously faced similar charges. The court was told that a case was withdrawn after the alleged victim went missing.

The state denied the two accused bail due to the following reasons:
• The first applicant, who is the mother of the 13-year-old, will pose a serious risk to the safety of the minor victim, as she may threaten or intimidate
• The child is a vulnerable witness
• She knows where the minor victim is residing
• Her release will compromise ongoing investigations

Applicant two Swierczek:
• Due to the seriousness and gravity of the case
• He threatened to kill the child victim and her mother
• To protect other children in the community
• The matter is serious as he allegedly sexually abused the minor victim repeatedly
• A matter of a similar nature was previously withdrawn against him in Regional Court 4, Germsiton, the reason was that the witnesses were not willing to testify
• There is still crucial outstanding evidence and exhibits to be obtained and confiscated
• A section 205 warrant in respect of crucial video evidence still needs to be obtained.
• The passport of the Swierczek expires in 2031. This poses a flight risk

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Swiertczek has denied the allegations and said that the child is like his grandchild, and he always cooks for the children and gives them money for school. He has further claimed that he is unable to perform sexually.

Magistrate Van Wyngaard said there was no exceptional circumstance for the two to receive bail.

She further said the exceptional circumstance is wide. In Director of Public Prosecutions v Nkalweni 2009(2) SACC 343(Tk), the word was given the meaning “unique, unusual, rare and peculiar”.

“In the presence of the likelihoods mentioned in Section 60(4) of the CPA, the interests of justice do not permit their release from custody.

Having considered all the evidence, weighing all factors carefully, I find that the applicants did not discharge the onus placed upon them to prove on a balance of probabilities that exceptional circumstances exist which in the interests of justice permit their release from custody,” said Van Wyngaard.