Shelly Beach man faces sexual assault charges
At the time of the incidents, the boys were aged between 11 and 13, and 13 and 16 respectively.
A 56-year-old man from Shelly Beach has been charged with two counts of sexual assault.
He was arrested by police on August 24, and recently appeared in the Izingolweni Magistrate’s Court for a two-day bail application, where bail was set at R20 000 with conditions.
The incidents of sexual assault occurred on different occasions in Port Edward between January 2007 and 2009.
Two complainants, who were minors at the time of the incident, came forward and each laid a charge of sexual assault against the man. The boys were aged between 11 and 13, and 13 and 16 respectively.
The investigating officer seized numerous electronic devices from the man’s home and work place, which is still to be analysed.
During the bail hearing it was heard that the man was found guilty of indecent assault which occurred in Vryheid in 2003 under the Sexual Offences Act. He was handed a five year sentence under Section 276(1)(i) which allows the correctional services commissioner to consider parole.
Bail was considered in terms of Schedule 6 of the Criminal Procedure Act, due to the accused having a previous conviction for sexual assault on a minor.
He had to adduce evidence to convince the court that exceptional circumstances exist that permit his release.
Through his attorney, Lunga Yeni, of Barry Botha and Breytenbach, he submitted that he is suffering from a heart condition and is on chronic medication.
The bail conditions are: He has to return to court on such date and time, he is not to interfere with state witnesses or investigations, not leave South Africa, to hand over his passport to the investigating officer, not leave KZN without informing the investigating officer of date of departure and return, and to sign in at the Port Shepstone police station on the 30th of every month.
State prosecutor Chad Davey is representing the two complainants, and protection orders were granted in the bail application for both men.
The man is expected to appear in court again, next month.
His name is known to the Herald, however due to the sensitivity of the case, it will not be published.
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