Durban boy abused by released suspect: Police minister concerned about ‘judicial flaws’
The justice department says protecting victims, complainants and witnesses is central to a review of the criminal justice system.
Police Minister Senzo Mchunu has expressed shock over the repeated abuse of a boy in Umlazi, south of Durban, allegedly by a suspect who was released on bail for a previous offence, rearrested for abusing the same boy but then released when his case was provisionally withdrawn pending a psychological assessment.
Mchunu raised concerns about flaws in the judicial process, particularly in cases involving vulnerable victims.
Mchunu’s concerns come on the back of reports that a suspect linked to the mass murders in Lusikisiki, Eastern Cape, was a repeat offender, who had been on parole since last year after serving time for murder and escaping custody.
According to Mchunu’s statement, the boy was first assaulted in November last year, with the crime reported in January.
“The suspect, arrested soon after, was granted bail on the condition that he relocated.
“However, he allegedly breached this condition and committed a second offence on February 15 this year prompting another court appearance where bail was successfully opposed,” he said.
The case was later referred to a regional court and heard on September 23.
“During these proceedings, the prosecutor recommended a psychological assessment for the victim, leading to a provisional withdrawal of the case and the suspect’s release, despite prior opposition to bail due to the risks involved,” Mchunu said.
Mchunu described these developments as troubling, considering the police’s efforts to arrest the suspect and protect the victim.
It is alarming to see suspects, initially detained on serious charges, being released back into communities where they continue to pose threats
“In this case, the minor has been violated twice, and the suspect remains free, creating potential for further harm.”
He said he was in discussions with the Minister of Justice and Constitutional Development to ensure that cases involving vulnerable victims are handled with greater care.
“The protection of our communities, especially vulnerable minors, must be a top priority.”
Justice department spokesperson Tsekiso Machike said protecting victims, complainants and witnesses is central to the review of the criminal justice system and the Criminal Procedure Act.
“We intend to make it obligatory for police and prosecutors to inform the victim of the offender’s bail application, its outcome, and conditions, as well as any escape from custody by the accused,” Machike said.
“The victim’s safety must be a priority throughout the process.”
Machike said measures must be in place to protect victims from accused individuals and stressed that existing laws, which require courts to deny bail if an accused threatens a victim’s safety and to cancel bail if conditions are breached, must be enforced.
“Effective implementation of these provisions relies on co-operation between the police, prosecutors and victims, and on ensuring that relevant information reaches the court,” he said.
The Director of Public Prosecutions in KZN, advocate Elaine Harrison, said this matter was receiving attention.
“We will respond in due course, once a proper investigation has been conducted regarding what took place in the matter,” said Harrison.
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