The grandmother had to undergo surgery for a prolapsed womb following the rape
RAPE accused Kagisho Tsaimisi, who allegedly raped his 68 year old neighbour from Lerato Park, was yesterday released from custody after the matter was struck off the roll.
Kimberley magistrate Martha Ditse refused to grant the state another postponement, pending the outcome of the DNA results.
She warned the accused not to interfere with any witnesses.
The court may subpoena the accused to appear in court, at any time, once the outstanding tests are made available.
The incident took place in June last year during the early hours of the morning, while the grandmother was asleep with her two grandchildren – aged two years and eight months – on her bed.
The grandmother had to undergo surgery for a prolapsed womb following the rape.
The accused lives next door to the grandmother in a semi-detached house, while it is believed that he entered her house through a trap door in the roof.
The release of the accused from custody, has been met with outrage from the community.
Chairperson of Operation Wanya Tsotsi (OWT) Pantsi Obusitse indicated that he would engage with the councillor to relocate the grandmother.
“She is a defenceless and vulnerable. She is a primary witness who may be easily threatened. We do not want to find out the next day that she has suffered the same fate after the accused was released from custody. She is bound to bump into the accused, as she is his neighbour and she has to go to the shops or the clinic.
“I am concerned about the safety of the grandmother as well as other women and children living in the neighbourhood.”
He was also concerned that the accused might be a flight risk following his release.
“OWT volunteers searched for him for a whole day before we managed to apprehend him. Our members are very despondent that he is free to walk the streets due to a technicality.
“How do we protect our sisters and mothers or encourage them to report crimes, knowing that criminals have more rights that their victims?”
Lerato Park ward councillor Paul Kok stated that he respected the authority of the court.
“I will speak to the colonel to see how best to manage the situation. We will ensure that the accused is not harassed by members of the community. We will also have to make sure that any access points into the grandmother’s home is sealed off.”