Stalker still free

2010-12-10 00:00

THE “blue light stalker”, Ismail Sheik, has been granted another reprieve until Tuesday when the high court is due to pronounce its verdict on his urgent application for reinstatement of his R50 000 bail and his appeal.

Sheik lodged the application on Monday, shortly before he was due to hand himself over to begin serving an effective 21 year jail sentence for kidnapping, indecent assault and defeating the ends of justice.

This was after his appeal was struck from the court roll last Friday by Judges Leona Theron and Trevor Gorven who refused to grant Sheik a further adjournment.

Sheik was found to have sexually molested two young women in Durban.

He confronted each of the victims near nightclubs while driving a white Volkswagen Citi Golf with a flashing blue light, and forced them to accompany him on a pretext that they had committed an offence.

State advocate Val Lotan submitted yesterday that Sheik is abusing the court process and suggested that his bail should be cancelled forthwith ahead of the court’s ruling next week.

She also urged the court to give priority to the rights of the complainants in the matter and said that to date Sheik’s rights have always come to the fore at their expense.

The court should send a message that behaviour like Sheik’s would not be tolerated, Lotan added.

His appeal, now pending for three years and nine months, was postponed at his instance on five occasions.

He has displayed a “nonchalant” attitude to the prosecution of his appeal because he was on bail, she submitted.

However high court Judge Trevor Gorven and Judge Rishi Seegobin agreed yesterday to extend Sheik’s bail until judgment is given on Tuesday.

His attorney, Devindran Moodley, earlier submitted that Sheik has always complied with all his bail conditions to date.

He said the funds are now available for counsel to argue Sheik’s appeal as soon as possible.

“The appellant (Sheik) does understand the gravity of the matter and the repercussions,” he said.

Sheik’s affidavit was termed “vague” and in some respects inaccurate by Judge Gorven yesterday.

In it the former police reservist said he will suffer irreversible prejudice if he is compelled to start serving his sentence and then succeeds in his appeal.

“I apologise profusely to this honourable court for the many delays that have occurred and assure the court that my actions have in no way been intentionally dilatory,” he said.

He said the registrar indicated his appeal could be enrolled again on May 17 next year.

He submitted he has “reasonable prospects” of succeeding in his appeal.

The defence submitted there are “problems” with the identification of Sheik as the perpetrator of the crimes.


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