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'Clock-watcher': 12 re-arrested
16/09/2006 10:35 - (SA)
KImberley - Twelve of 13 suspected criminals who were freed by a Kimberley magistrate were re-arrested by Saturday, SABC news reported.
The suspects were freed on Monday after magistrate Kubashni Padayachee refused to preside over their bail applications.
This because the men had not appeared in court within 48 hours of their arrest, as prescribed by South African law, said the report.
Padayachee defended her actions on the basis that by 16:00, she would not have seen the remaining suspects on the court roll, thus violating their human rights.
"I sat through 70 cases on the roll, of which 33 were put on the roll after 2pm."
Minister concerned
Padayachee struck 13 suspects off the roll, securing their immediate release.
Meanwhile, Justice Minister Brigitte Mabandla expressed concern at the incident.
The minister, who is in hospital recovering from an operation, urged the magistrates commission to investigate and deal with the allegations against Padayachee as soon as possible.
Padayachee said: "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, she said.
Doesn't get paid overtime
"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 4am to prepare bail applications.
"I don't get paid overtime. Parliament said no bail applications may be approved after hours."
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