Judges let rapist go free

2010-05-25 09:29

Jeanne-Marié Versluis, Beeld

Pretoria - A man who was sentenced to 20 years imprisonment for rape and robbery, was freed after the magistrate referred to his "filthy penis" during the trial.

This kind of language had to be censored as much as possible, according to a judgment by Judge Moses Mavundla and acting Judge T Phalane in the North Gauteng High Court.

The high court said the comments by regional magistrate MK Makhwentla of Sebokeng showed "some arrogance and lack of respect" for Kenneth Mapule Makau.

These comments meant that Makau - "an otherwise guilty person" - had to be freed.

Magistrate 'prejudiced'

Makau was earlier sentenced to 16 years in prison for the rape of an 18-year-old woman and given four years for robbing her of her cellphone.

Makau asked the high court to review the regional court proceedings because he believed the magistrate had interfered with the prosecution and was prejudiced towards him.

During the trial the magistrate had asked Makau whether he thought it "was a good thing" to put his "filthy penis" in a lady's mouth.

Phalane said in the high court verdict that the sex acts that Makau had performed on the woman were repulsive to the magistrate's personal moral values and standards.

It was too much for the magistrate and ordinary members of the public would be "uncomfortable" with Makau's behaviour. But the magistrate was not an ordinary member of the public and couldn't force his personal moral values and standards on witnesses and the accused.

Verdict 'spoiled'

The magistrate had delivered a well-considered verdict on the merits of Makau's trial, but it was "spoiled" by his earlier comments and questions, said Mavundla.

A presiding officer had to show respect to those who appeared in court before him, regardless of their circumstances. There was no room for "belittling language" towards litigants, witnesses and legal representatives, said Mavundla.

Makau's conviction for rape and robbery was put aside and he was acquitted.

- Beeld