Durban — The case against a 53-year-old man charged with the February alleged rape of a teenage Down Syndrome girl was marked final for adjournments for purposes of further investigation.
The man alleged to have raped the teen in Mpola near Mariannhill appeared in the Pinetown Magistrate’s Court on Friday.
“DNA samples have been taken and the results are outstanding. The forensic social worker as well as psychologist reports were also still outstanding in the matter,” said State Prosecutor Nomcebo Xulu who asked that the matter be adjourned for further investigations.
Legal Aid attorney Mcebo Buthelezi asked that the matter be marked final for an adjournment for purposes of further investigations.
“The matter has been on the court roll since February,” he said.
Three days after the man’s arrest he made his first appearance in court where the nature of the charge he faced as well as his legal rights was explained to him.
At the time the State indicated it would be opposing the man’s bail application saying that an alternative address for the accused was required.
When he next appeared in court represented by Legal Aid attorney T Ramkissoon the State said that the alternative address in KwaMakhutha provided by the accused could not be verified as his brother-in-law and sister were not available at the said address.
In April during his bail application the man was represented by Legal Aid attorney Buthelezi who read the accused’s bail affidavit into the record, this was while the State called the investigating officer onto the stand.
In it, he told the court that he was employed at Zama Molders where he earned R5 000 a month, and that he was unmarried.
“I have a child, a 15-year-old daughter, I do not have any assets, I am in good health and the amount of bail I can afford is R1000 with the assistance of my brother. The nearest police station to me is Pinetown should this honourable court set a reporting condition. I was arrested on 4 February and have spent 19 days in custody.”
He told the court that his intended plea was that of not guilty.
“I have a permanent job, If I do not report to work I risk losing my job. I am financially responsible for my daughter as I support her on a monthly basis and further have taken out investments for her. If I do not earn any money my policies for my minor child will lapse.”
Magistrate Wendalynn Robinson granted the man R2 000 bail with the condition that he signs once a week at his nearest police station and that he is not to enter Mariannhill and relocate to his alternative address.
The man remains behind bars unable to pay his bail, in court on Friday though his attorney the man told the court that he had money in his bank account but did not have anyone to send to withdraw his bail money for him.
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