Dros rape case: Accused back in court

2018-11-28 05:11
Dros rape accused. (Newsw24, file)

Dros rape accused. (Newsw24, file)

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The man accused of raping a 7-year-old girl in the bathroom of a Dros restaurant in Pretoria is expected back in the Pretoria Magistrate's Court on Wednesday.

During his previous court appearance on November 1, the court granted an application brought by the State and the defence to have the 20-year-old accused referred for mental observation.

OVERVIEW: Magistrate grants application to send Dros rape accused for mental observation

Additionally, the court also granted an application by the defence to appoint an additional psychiatrist and clinical psychologist making up a team of four experts who will observe the accused while he is in Weskoppies, which is a government psychiatrist institution. 

Legal aid lawyer Riaan du Plessis, for the accused, told the court that there was a need to explore the mental state of the accused at the time of the alleged incident. 

He added that the accused was diagnosed with bipolar disorder in 2013 and has been using drugs since he was 14 years old. 

It was put on record that the accused had previously undergone rehabilitation for substance abuse. 

"He also tried to commit suicide because of the severe depression of having bipolar," said Du Plessis. 

Read: Dros rape accused claims police, public assaulted him

State advocate Sanet Jacobson told the court that it was in the interests of justice that the accused be referred to Weskoppies for psychiatric observation. 

"[His] criminal capacity might be a relevant issue to pursue because a substance was found on him," said Jacobson. 

Outstanding toxicology report

The court also heard that the DNA forensic evidence had been received but that the State was still awaiting an outstanding toxicology report on the substance found on the accused at the time of the alleged rape.  

News24 previously reported that the accused was at the restaurant where he allegedly followed the 7-year-old child to a bathroom and raped her.

A video, taken moments after the alleged incident, showed a man covered in blood and angry patrons berating him.

The accused has not yet brought an application for his release on bail, nor has he pleaded to the charges.

*News24 has taken a decision not to identify the accused until he has pleaded in court as stipulated in the Criminal Procedure Act.

According to Section 154(2b) of the Criminal Procedure Act: No person shall at any stage before the appearance of an accused in a court upon any charge referred to in section 153(3) or at any stage after such appearance but before the accused has pleaded to the charge, publish in any manner whatever any information relating to the charge in question.

Section 153(3) refers to criminal proceedings related to sexual offences charges.

Once the accused has pleaded to the charges, News24 will reveal his identity in accordance with the law.

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Read more on:    dros  |  pretoria  |  crime  |  sexual abuse
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