The family of the 13-year-old boy who was allegedly raped by a 42-year-old family friend are claiming that the accused’s relatives have been intimidating them following the man’s arrest.
The accused appeared at the Chatsworth Magistrate’s Court on Wednesday, 11 August, and was denied bail. He will be held in police custody at Westville Correctional Services until he re-appears in court on 30 September. Outside court, children from the boy s school joined angry community members to protest against the accused being released on bail. Stating that he be kept imprisoned as he is a threat to all children in their neighbourhood. The boy’s sister, who cannot be named to protect the identity of the victim, said the boy seems distant and although they are doing everything they can to make him feel safe and loved, intimidation from the accused s family members was making his journey of recovery a nightmare. She said he is currently in a state of shock.
“I am deeply saddened by the state he is left in and my concern is that he will be unable to cope emotionally. We live in a close-knit community and we cannot avoid seeing his relatives. Whenever my family members walk on the road, they are being victimised and intimidated. We are sworn vulgar words and called liars. The other day, my brother had to return to school as he was missing out on his work so my mother and one of our neighbours accompanied him to school.” She said that also did not help to ease the intimidation. “The accused s brother pulled him and threatened him, showing total disregard for my mother and the other person. He asked him why he is lying about something that didn’t happen to him. He also asked my brother, ‘It did not happen to you, why are you lying?’ My brother is very traumatised and scared all the time and we are so afraid that if he cannot cope emotionally, he might try to hurt himself. We pray that God sees him through this ordeal and we hope that the justice system allows for this man to face the full might of the law,” added the victim’s sister.
The accused’s attorney, Shireen Soobrathi, said her client denies the allegations and claimed he had an alibi as he was at Hollywoodbets in Bayview with two other men around the time of the incident. Soobrathi read an affidavit where the accused tried to prove that there could be exceptional circumstances which should afford him an opportunity of bail, including that he was employed, had a stable income of R7000 and took care of his parents. She further stated that the accused intends to plead not guilty and although her client knew the witnesses, he would not interfere with them should he be granted bail. The court heard, during the cross questioning by the investigating officer, Sergeant Pillay, from the Chatsworth Family Violence, Child Protection and Sexual Offences Unit tasked to handle the case, that the boy had been sent by his mother to her friend’s flat in the Bayview Flats area to fetch oil and a condiment, when the accused, the son of the woman he had to fetch the items from, invited him to watch TV.
“The accused then closed the door, gagged the boy with a piece of cloth and pushed him onto his stomach onto the bed. He then raped him. The boy s mother came to the flat where the boy was at and called for him after he did not return on time. The accused then left the victim in the bedroom and went outside, where he told the mother of the boy that he had seen the boy walking down the road with another man. He then went back to the flat and told the victim to get dressed and chased him away. He also told the boy not to tell anyone what happened or else he will deal with him,” said Sergeant Pillay. In closing statements by State Prosecutor Camille Narainsamy, the state opposed bail as the accused was charged for a Schedule 6 offence and the victim was fearful of contact and intimidation. Narainsamy requested that the court take into consideration that there was a petition that was signed by residents against the release of the man, and mentioned that community outrage led to the suspect being accosted and assaulted by a mob of over 200 people after t he community found out about the allegations.
Soobrathie mentioned in her closing statements that community outrage has died down and to support her statement claimed that there were about 25 people protesting outside court during the man s first court appearance, and only about six people protesting outside court during the man s bail application. Magistrate Mzolo said the man s alibi had not been proven, and denied bail due to no exceptional circumstances being proven as well as the alternative address being still in close proximity to the area the child lives. Community activist and Bayview CPF Chairperson, Brandon Pillay, said he hopes this will send a strong message to other pedophiles. “The fact that bail was denied is a step in the right direction for the justice system. This is also an achievement for the community and for the victim. This should send a strong message that the rights of children are protected. It gives us faith in the justice system when we receive this kind of verdict where bail is denied,” he added. Anyone with information relating to the case is urged to make contact with police. Commander of the Chatsworth Family Violence, Child Protection and Sexual Offences Unit, Colonel Ellappen, can be contacted on 031-451-4212 or 083-468-5037.
