Joburg cops granted bail in rape case

2011-12-14 12:31

Johannesburg - The two police officers accused of raping a Johannesburg woman were each granted R2 000 bail by the Alexandra Magistrate's Court on Wednesday.

The matter was postponed to February 23 next year when a DNA test report will be presented.

The officers are a constable and a sergeant, aged 26 and 43 respectively.

They were arrested last week for allegedly raping a 27-year-old woman in Paulshof, in the north of Johannesburg, on December 2.

Magistrate Syta Prinsloo said the main reason for granting the two bail was that an identity parade was not held for the victim to point out the people who raped her.

"The defence lawyers say the State does not have a strong case here. We take that into consideration because there's presently no proof that the woman was raped by these officers," she said.

"It is not disputable that the woman was raped, but the element of identity is in dispute."

Prinsloo read out the victim's statement made to the police, which she said contradicted the movement report about the vehicle used by the accused on the night of the rape.

"The vehicle tracking device reported that the engine of the officer's vehicle was switched off for only six minutes at the time of the rape. It further showed the officers were in Sandown at that time, far away from the scene of the rape."

However Prinsloo pointed out that it was not the accused's profession that warranted the State granting them bail. She said that could make many people view the case in a bad light.

The officers were represented by their lawyers, Jaya Moodely and Kamesh Maharaj.

The courtroom was packed to capacity and some people were refused entry.

  • procold2 - 2011-12-14 12:41

    innocent until proven guilty,why then where they arrested if they were not close to the scene , this could have been sorted without the courts,waisting time and money while the real guys are still out there and if the rape is the truth

  • Mohsin - 2011-12-14 12:44

    y would the police want to rape if they knew they gonna get implicated then again y would this woman lie :? hmmmm

  • stephen.pollock1 - 2011-12-14 12:52

    what's that about the accused's profession?

      aardvarkie - 2011-12-14 13:54

      I'm guessing prostitution or something - since they say it will affect their case negatively - but then why put that in the article, there's no substance to it at all.

      Riƫtte - 2011-12-14 14:06

      The accused is the police officers, they are not making any insinuation about the ACCUSER's profession. Read the article!

      Busi - 2011-12-14 15:54

      the accused are police, not prostitues

      quintona - 2011-12-15 06:33

      @aardvarkie Do you have any idea how shocking your attitude is? The woman is not a prostitute, fact. And even if she was, does this mean that she deserves this in your opinion? Take a step back and look at yourself

  • Sharon - 2011-12-14 12:53

    So they can now go kill the women who reported them ..........stupid non-justice system

  • Andre - 2011-12-14 13:14

    This whole investigation is a joke...before the investigation is even under way the newspapers are already splashing this over the front page as a "Dual Rape Horror" they can even say that without finding these policeman guilty is shocking....the state has a weak case with no evidence, everyone is getting emotionally charged about our police system and these 2 officers...seriously everyone has lost their minds. I'm not saying these officers are innocent and that the women are lying. But sheesh can we let the investigation reveal hard evidence before convict anyone. Something is very flawed about this whole process! Its disrespectful for the 2 women that have suffered this ordeal and for the legal process. If these officers are guilty then their time in court will come....if this investigation is carried out properly which by the sounds of things is doubtful??

      Anton - 2011-12-14 13:39

      Yes Andre, I'm with you on this one. I am sure if a rape is reported the victim should be examined by a doctor. That gives some proof.

      aardvarkie - 2011-12-14 13:53

      Agreed Andre.

      Hugh - 2011-12-14 16:28

      Didyou hear the girls talking on the radio? Fail.

      Deon - 2011-12-14 16:39

      They are probably waiting for DNA tests from the rape kit. She probably did see a dr.

  • Cameronl - 2011-12-14 13:17

    R2000 bail you have got to be F-ING kidding me, south africa is fast becoming the joke capital of the world with crap like this going on

  • Mlungisi - 2011-12-14 13:21

    Well maybe i didnt read the first article but to me this story is not complete. How the hell did they get arrested?

      Emily - 2011-12-14 13:51

      I feel the police are botching this investigation deliberately as seems to be the case with most cases of police rape.

  • AyGeewils - 2011-12-14 13:21

    Regardless of the lack of evidence or the supposed guilt of these two - the woman was raped by two POLICEMEN or are we saying she fabricated it all? The issue here is how pultry the bail was set at and how endemic rape is in this country. The whole thing stinks!

      Andre - 2011-12-14 13:31

      ye but if its bail of 2 innocent police officers then how is that unjust? If its bail of 2 guilty rapists then yes we have a HUGE problem. Not saying they are either guilty or innocent but everyone has already convicted them and called them pigs without any evidence to support it...there's a huge problem with that too!

      AyGeewils - 2011-12-14 13:42

      Fair point Andre - but we still have the very real possibilty that policmen are gang raping vulnerable women. This situation is untenable in any society - yet in SA it seems trivial and 2000 Rand bail certainly demostrates that!

      Andre - 2011-12-14 13:47

      no undoubtedly, we do have a real possibility... and the rape aside we do have a real problem with proven incidents of intimidation from officers to women late at night, that's been proven...but this investigation has yet to reveal anything so its unfair to comment on the fairness of a R2000 bail for a crime that may not even been committed by these officers is all i'm getting at. If they are found guilty then let the public outrage be known....before that happens though people are getting all defensive for nothing.

      Cracker - 2011-12-14 14:15

      About three or four days ago some of a gang of robbers were arrested on the East Rand I think and it was reported that two of them were wearing police uniforms. That's more or less that I heard being said over the radio. The point is that it is not uncommon for criminals to dress up and travel like policemen.

      Hugh - 2011-12-14 16:34

      What about the woman who didn't stop for the cops, but rode to the police station instead. The cop chased her into the charge office, threw her to the ground and throttled her. He was found Not guilty of assault, but the only witnesses were other cops? I think you err on the side of caution. Half the cops are thugs and are a danger to the people they are sworn to protect. The other half have to live under the shame of the corrupt colleagues.

      taurais - 2011-12-14 18:01

      @Andre: Bail is decided before innocence or guilt has been determined. Bail amount mainly depends on the severity of the crime, potential threat to society, prior convictions and the potential risk of flight. Given that the most important of the conditions i pointed out above are quite highly negative for these officers, R2 000 bail is a very stale joke for these accused, especially since they make at least R7 000 a month and really wouldn't think twice abt skipping out on a lousy 2 grand they probably made in a weekend from bribes. Bail is supposed to be high enough that somebody will not lightly consider skipping out on that money and also reflect the severity of the crime. If they are found innocent later, then fine they will get their money back.

  • Mlungisi - 2011-12-14 13:24

    Well maybe i didnt read the first article but to me this story is not complete. How the hell did they get arrested?

  • Chris - 2011-12-14 13:26

    I thought once the suspect appears in court the media is allowed to name the suspect. So why are these 2 not named even after appearing in court?

      Anton - 2011-12-14 13:41

      Because they have not pleaded. Once they have pleaded, guilty or not guilty, they can be named.

  • martin.vandermerwe - 2011-12-14 13:32

    But off course they have!

  • Rashaad Hendricks - 2011-12-14 13:37

    If nothing else this was an oppurtunity for our justice system to show the public that when it comes to breaking the law your position/rank in society cannot save you. Test passed or failed... You decide. Myself im unsure i do however believe there far to many police officers capable of exactly this

  • Cracker - 2011-12-14 13:43

    Locking up and keeping people in jail without reasonable evidence will not deter the guilty ones. As for fabricating the incident, there may be other reasonable explanations. As for the act of fabrication, some people will watch a TV soapy tonight and tomorrow relate how the same events happened to them. Some people see little green men in flying/floating saucers. You do not deprive people of their freedoms unless you have to and you only have to if the evidence supports you. MANY get arrested in this country based on lies and whims - on all kinds of allegations. They sit inside for perhaps years and then it appears they should not have been arrested at all. It is so easy to be outspoken against others' freedoms until the bad luck hits you personally, or someone close to you. The average law abiding citizen also deserves a place in this country and has a right not to be targeted or be intimidated by unreasonableness and arbitrary actions. How do you actually punish the guilty by locking up the innocent and keeping them behind bars based on nothing more than whims and suspicion? I see my earlier comment was removed. Can't imagine of any rational reason for it. It was a response to what I considered a rather emotional, unthinking comment by someone else. All I said was that wait until you or someone close to you are arrested for bugger all.

      Emily - 2011-12-14 13:56

      I also feel that too many comments have been made across various news sites that entirely insensitive to the survivors of this rape. Allusions to consent, drunken deservedness and the like. We have to catch the right people yes, but we also have to make sure that we support these women completely. Imagine your wife, daughter or mother is raped, has the courage to go to the media and the police and is then publicly doubted in one of the most trying times of her life. I think what's in question here is ensuring the right people ARE CAUGHT and PAY FOR THIS CRIME and that the police DO NOT BOTCH THIS INVESTIGATION.

      Hugh - 2011-12-14 16:40

      @Emily, no chance of that, these two woman will not get justice. The trend has been that rapists getting off far outweigh those being convicted. Let alone cops who will lie for their mates. This will go unpunished, as vehicle records will be doctored, and it will be their word against the woman's.

  • Pastor Jerome Nel - 2011-12-14 13:59

    When I was in the army and if we found one guy out of line and that was going to adversely affect the whole platoon, we'd quietly sort them out, after lights out. If the sandton police have any self respect, they'd get hold of these guys and teach them a lesson. Right now the JhB metro police are looking really bad with this morning's attack and robbery on a crippled homeless man by another JhB Metro policeman.

  • Teboho N Shelile - 2011-12-14 13:59

    News24 drama queens, there you go again. I just hope when this fabrication clearly comes out, as it is goin to come out, you wont hide your tails between your hind legs & shy away but come out & say sorry to the victims.

      Emily - 2011-12-14 14:02

      The thing with horrible stories is that so many think they are unbelievable and opt for the easy route of disbelieving. When it happens to one of your friends you will hope to receive the same support.

      Cracker - 2011-12-14 14:24

      It could have been police from another area on duty or even off duty or it could have been criminals clothed as policemen. It's unlikely that it is a fabrication. The technology is available. No police other enforcement whoever should be allowed to conduct duties without proper surveillance the record of which can be stored. If visually and audibly recorded both suspects and officers will be protected against untrue allegations. Here a tracking device may be useful as evidence. Still, more could have been accomplished. What can the problem be that the authorities do not take the simple expedient way to assist ALL?

      Teboho N Shelile - 2011-12-14 15:20

      Only if we can get rid of this subliminal bigotory. Lets wait for the ont come. By the way i have a cousin who was raped twice, im just bein real as per what i further heard about this story.

      Emily - 2011-12-14 17:17

      These two ladies involved are known to me so it really pains me to see some of the comments posted. I really hope they get the justice that they deserve. And you are also here commenting so I would include you with all of us feeling strongly about this situation.

  • Juan.pike - 2011-12-14 14:01

    R2000 to have sex with ANY woman in this country...

      Alfred - 2011-12-15 11:52

      Certainly seems that way. Time to bring out the vigilantes.

  • ReunionofIntelligentMinds - 2011-12-14 19:34

    Sloppy investigation work from investigator's side. Should have made sure the case was watertight.Where the officers in the same vehicle at that time when it was in Sandown or did they use another vehicle so to hide their tracks and another officer used said vehicle @ Sandown? Can the track record of ALL vehicles stationed at specific police station and even other nearby stations be scrutenized? Identity parade is crucial to strenghten a case. If it was the officers in question that raped, then its a pity they are back on the streets. Victim must be vigilant at all times whilst the case is still open. Hope sample was successfully collected for DNA that can identify the rapists.

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