The State is reluctant to drop sexual assault charges against an accused individual from Lerato Park, despite the complainant’s decision to withdraw the charges.
THE STATE is reluctant to drop sexual assault charges against an accused individual from Lerato Park, despite the complainant’s decision to withdraw the charges.
The accused, John Fikile Theis, appeared for his bail application in the Kimberley Magistrate’s Court. His legal representative, Riaan Bode, stated that Theis, who has no other pending charges, intends to plead not guilty.
Bode emphasised that Theis and the complainant do not live together.
“He is willing to report to the Roodepan police station and will not endanger the safety of the public or evade his trial,” Bode assured the court.
He added that the State was “not comfortable” with withdrawing the case against Theis.
According to a written statement by the investigating officer, Warrant Officer Jacob du Plessis from the Galeshewe SAPS Family Violence, Child Protection and Sexual Offences unit, that was read out in court, the complainant pushed the accused out of her yard after he violated her sexually at her home.
“The complainant and her child were victimised.”
He added that the complainant had obtained a protection order against the accused in April.
“The National Prosecuting Authority is not comfortable withdrawing her statement even though she withdrew the charges.”
Magistrate Maimane Booi released the accused on bail of R500 and postponed the matter until May 14 for a decision from the senior State prosecutor.
