The safety of a 47-year-old father, who is accused of raping his daughter, was one of the factors that the Galeshewe Magistrate’s Court took into account during his bail application.
THE SAFETY of a 47-year-old father, who is accused of raping his daughter, was one of the factors that the Galeshewe Magistrate’s Court took into account during his bail application.
The man is accused of raping his daughter over a 12-year period.
Magistrate J Tsatsimpe heard evidence from the investigating officer (IO) in the matter, Detective Rose Motsepo, who told the court that the State witnesses in the matter are all related to the accused.
Motsepo testified that the accused is aware of the seriousness of the charges against him and he might influence the witnesses and the complainant not to continue with the matter.
Tsatsimpe indicated that he noted the evidence of the IO and had weighed all the evidence against that of the accused, who stated that he wanted to be granted bail in order to take care of his children.
“The applicant is the biological father of the complainant. According to the investigating officer, the applicant and the complainant, as well as the State witnesses, were residing at the same house. The IO testified that the first rape took place when the complainant was nine years old,” said Tsatsimpe.
“According to the testimony of the IO, the complainant had returned to Kimberley from school holidays in the Eastern Cape and found her mother had separated from the accused. The IO said that, according to the complainant, during that time the accused would rape her three times a week in each month. Those alleged incidents took place in 2010.
“The charges relating to count two, which is also rape, took place in 2015 when the complainant was 14 years old. According to the testimony, the accused had instructed the complainant to stop sleeping in the same place as her siblings and told her to share a bed with him. The victim complied with the instruction and the accused allegedly continued raping her.
“The State witnesses, who are also the biological children of the accused, saw the incident and confronted him. The accused informed them that it is a family matter and that his ancestors had instructed him to turn the complainant into his wife.
“The testimony of the IO was that the complainant was threatened and intimidated by the accused not to report the incident and that, if she did, the accused would chase her away from her common home.
“The IO further testified that the third charge of rape took place on September 15, 2022. The accused apparently told the complaint that ‘today is sex day’ and continued to rape her. At that stage, the complainant was still sharing a bed with the accused.
“The complainant then met with a member of Operation Tlhasela the following day and reported the incident as she was distressed by the situation. The members of the operation took the complainant to social workers and later to Thuthuzla, where a medical examination was performed. The doctor noted a tear on the vaginal part of the complainant and that the injuries were consistent with that of vaginal penetration. The police were called and a criminal case was opened.”
Tsatsimpe said evidence presented that the community is outraged by the incident was also noted by the court.
“The IO said that the incident had shocked the members of the community and 200 community members from Madiba Square had signed a petition opposing the release of the accused on bail.
“She also said the accused had contacted the complainant while he was in custody, asking her to withdraw the charges so they can resolve the matter as a family.
“She also said that during the arrest of the accused, members of Operation Tlhesela were at the scene and were making threats against the safety of the accused and the police had to act quickly to arrest the accused. She said the release of the accused might create shock in the community and the community likely might lose confidence in the justice system.
“It is clear that since the beginning of the incident, the accused had been intimidating the complainant not to report the matter. The intimidation had prevented the complainant from reporting the matter over the past years and she only had the courage due to the distress she suffered.”
Tsatsimpe said that grating the accused bail might put the conclusion of the case at jeopardy.
“The accused is also very aware of the evidence the witnesses will bring against him as they had voiced their displeasure pertaining to the conduct of the accused. The accused justified his actions by hiding behind cultural practices and beliefs.
“The evidence of the IO was also that the accused telephonically contacted the complainant, asking her to withdraw the charges. To my mind, this is a clear indication that there is a real likelihood of the accused interfering or influencing the State witnesses if he had to be released on bail. It is not clear to what extent the complainant will be able to resist the interference and intimidation of the accused.
“I am also mindful that the accused is the biological father of three of the State witnesses. There is a close relationship between the accused and the children, including the complainant, as they had been in his care since 2010. The accused is the primary caregiver of four of the State witnesses and they rely on him financially. Two of the State witnesses are minor children and can be easily influenced by the accused.”
Tsatsimpe said the reasons given by the accused during his bail application were not strong enough to grant his request.
“The accused has indicated that he wants to be released on bail in order for him to financially provide for his children. However, his children are the same State witnesses who will bring evidence against him.
“I also take into account that there is a petition by community members against the release of the accused on bail. The same community had already made threats against the safety of the accused at the time of his arrest. I am of the view that the release of the accused on bail will likely induce a sense of shock and outrage in the community, which may lead to public disorder. I am also of the view that the release of the accused will endanger his own safety as he will be staying in the same community.
“Also, it is my view that the State has a strong case against the accused. The accused has elected to exercise his right to remain silent and not challenge the merits of the case. Having carefully considered the evidence and reasons by the accused to be released on bail, I find that those reasons are not ordinary reasons and cannot amount to exceptional circumstances. I find that the interest of justice outweighs his right to personal freedom,” concluded Tsatsimpe.
