The Standerton Magistrate’s Court released the 59-year-old man arrested for possession of nearly one million photos and videos depicting child sexual abuse on bail of R20 000 on August 28.

Despite protests opposing bail in the courtroom, Magistrate Sabelo Tembe granted the accused bail based on several factors.

“The court must consider that he has no previous convictions or any outstanding cases against him,” stated Tembe.

While reading the evidence provided, Tembe recounted the prior statements of the defence, the State and the investigating officer.

Evidence presented by the defence stated that the accused’s livelihood was at risk if he did not return to work. This concerned him because he is the sole breadwinner and cares for his 67-year-old wife. He also listed several medical conditions as a reason to be granted bail.

“I have suffered because of my medical conditions while incarcerated and had to spend several nights in hospital because of no electricity supply to the cells,” stated the accused.

Although the State argued that the defendant might be suicidal based on what was communicated during the initial search of his home, the defence provided a letter from his general practitioner stating that he had never been treated for any anxiety or depressive disorders.

“You can interpret the accused’s statement, ‘My life is over’, in many ways,” stated Tembe.

He explained that the accused could have meant that he would be spending the rest of his life in jail, and that this statement did not necessarily mean he was suicidal, but could have any meaning.

While determining whether the accused had convinced the court that he deserved bail, Tembe outlined the Criminal Procedure Act and the interests of justice.

“The accused will suffer if further detained,” stated Tembe, adding that the application for early pension did not mean it would be granted.

The court based its decision on the fact that the accused is the sole breadwinner of his household. Tembe acknowledged that no bail conditions set by the court would prevent the man from obtaining new material.

However, the court could not ignore that this was his first offence.

The court ruled in favour of the accused because he had been employed at the Lekwa Local Municipality for many years, had lived in the same home since 1994, and had family within the court’s jurisdiction.

The conditions of bail include not leaving the Standerton area without informing the court and checking in at the police station once a week.
His case was postponed to October 15 for further investigation.

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