ANC councillor and rape co-accused refused bail
The ward councillor and two others were arrested on charges of rape, kidnapping, pointing of a firearm and assault.
THE bail application of the ANC councillor and two others who were arrested on charges which include rape and kidnapping was refused by the Pinetown Magistrate’s Court on Tuesday (September 15).
The presiding officer said they were not satisfied that the ward councillor and two others had discharged the onus of proving that their respective personal circumstances were exceptional and so warranted their release on bail.
The three were arrested on charges of rape, kidnapping, pointing of a firearm and assault following an incident at a premises in New Germany which was reported to the Pinetown SAPS on August 29.
It is alleged that the rape was committed by all three suspects and during bail application proceedings, the court heard that the victim sustained injuries when the incident occurred.
The magistrate said the State and Investigating Officer were opposed to bail being granted, with the latter having set out facts that are in “clear contrast to what the applicants’ version is”.
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This includes that the victim has said that they are not the councillor’s girlfriend as he would like to have the court believe.
The magistrate added that witness statements which implicate the three have been obtained.
“But I am not here to look at guilt or otherwise,” said the Magistrate, who added that the councillor had failed to provide proof of the extent of the financial support he had stated in his affidavit that he provides to his children and family.
During the bail application proceedings, the State had also raised the concern of witnesses being intimidated if the three are released on bail.
For sexual offences, the accused cannot be named until they have pleaded, in accordance with South African law.
The councillor and two others are due back in court on October 22.
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