Rugby rape case placed before Western Cape DPP

2011-05-06 15:09

Written representation have been made to the Western Cape Directorate for Public Prosecutions (DPP) for the withdrawal of a charge of attempting to defeat the ends of justice – levelled at one of the four Uruguayan men allegedly involved in the rape of a night club reveller in a hotel room last month.

Three of the men are charged with rape, and may not be identified until their trial starts in the Cape Town Regional Court.

The fourth man, charged with attempting to defeat the ends of justice, is named in the charge sheet as Cesar Berges (37).

The men were players and supporters of a Uruguayan rugby team on tour of South Africa last month.

The met their alleged victim in a nightclub in the Cape Town CBD.

The woman took the men in her car to a second nightclub before returning with them to the hotel room at 5.30am on April 16.

Because she had been drinking she was invited to sleep it off in the room, but woke up four times with different men having sex with her.

The four appeared in the Cape Town Magistrates Court today before Alta Frederick who extended their bail and postponed the case to May 20 at the request of prosecutor Carmen Daniels.

Defence attorney Gary Jansen told the court he had submitted written representation to the DPP for the withdrawal of the charges against Berges.

He said Berges was only charged with a less serious offence of attempting to defeat the ends of justice, and not with rape.

Berges is alleged to have offered the woman full payment of her medical expenses in return for dropping the rape charges so that the team could get on with their matches without the worry of pending criminal charges.

Jansen said his representations were in the hands of senior DPP advocate Susan Galloway who needed to interview the alleged victim.

Once Galloway had completed the interview the case had to be placed before the Western Cape Director of Public prosecutions himself, Rodney de Kock, for a final decision.

Jansen said the case would be placed on the court roll for further investigation before May 20, if at all possible, if the DPP were able to reach a decision earlier.

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