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Clock watcher: Give me a break
14/09/2006 13:22 - (SA)
Johannesburg - A Kimberley magistrate said she freed 13 accused earlier this week because the men had not appeared in court within 48 hours of their arrest.
"I had to let them go. It would've been a human rights violation to keep them in custody for more than 48 hours, and at 16:00 on Monday the 48 hours would have expired," magistrate Kubashni Padayachee told the Pretoria News on Thursday.
She was speaking about her decision to strike the cases of 13 suspected criminals from the court roll, leading to their immediate release.
The men, of whom seven were in custody at the time, are still on the loose and include an alleged rapist who the police have been looking for since 2000.
Padayachee said the court's operating hours were from 09:00 to 16:00.
I am hungry and tired
"I sat through 70 cases on the roll, of which 33 cases were put on the roll after 14:00."
Padayachee is the presiding magistrate at Court B in the Kimberley magistrate's court. Court B deals with first appearances, bail applications and postponements.
"After sitting in court for six hours, I am hungry, tired, my feet hurt and I'm thirsty. I'm only human and not a computer. So give me a break."
She said she had not broken the law.
"The accused also have rights and I should be fair and impartial.
"I am a hardworking person but I also take justice very seriously, as well as human rights. It's not like I released them. It's the prosecution and the police who released them."
Padayachee emphasised that until someone was proven guilty, they were innocent.
"If they're guilty, police must re-arrest them."
If any of the alleged criminals were facing serious charges, like rape, the matter should have been put on the roll in the morning and not sprung on her in the afternoon.
"I also had to go to the post office because my husband died recently and there were things I had to post. There is also shopping to be done.
"At which point do I cut off? Should I sit there until midnight? Magistrates work very hard, very long hours and it's very stressful. I have to get up at 04:00 to prepare bail applications. I don't get paid overtime. Parliament said no bail applications may be approved after hours."
On Wednesday the Department of Justice and the director of public prosecutions were still scurrying around trying to piece together the events which saw the 13 accused being set free.
The head of the department in the Northern Cape, Rodney Isaacs, said there were two ways to get the accused back in the dock.
He said the department was "working around the clock" to re-arrest the accused.
Consultations were also being held with the director of public prosecutions, advocate Ivy Thenga, on a legal and constitutional means to get the cases back on to the roll.
Northern Cape premier Dipuo Peters has expressed shock over the conduct of Padayachee.
The DA called on the Magistrates' Commission to investigate the situation.
- SAPA
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