Diveshan Chetty, accused number two in a disturbing Welbedacht rape and assault case, has been granted R5 000 bail after telling the Chatsworth Magistrate’s Court that he was coerced by his co-accused into recording a video of the alleged attack.
Chetty gave evidence during his bail application on Monday and Tuesday, changing his version and claiming that Fiaaz Mohamed Khan had forced him to record the footage.
However, Magistrate Stephanie Botes said the court did not accept his claim of coercion, pointing out that there was no evidence before the court to support the allegation.
Chetty and Khan face charges including rape, kidnapping, assault with intent to do grievous bodily harm (GBH) and possession of drugs.
The case relates to an alleged incident in the early hours of June 29 at a property in Montford.
The alleged victim in his mid 20’s man who, according to information previously placed before the court, had been living at the property after losing both his parents.
It is alleged that the man was assaulted before being sexually assaulted, with the ordeal allegedly captured on a cellphone.
The video was allegedly sent to another person, accompanied by a threatening message, before police were alerted.
Police subsequently attended the property and arrested the accused. Suspected drugs were also allegedly seized.
During the latest proceedings, Chetty claimed that he had been assaulted while in custody at Westville Prison and that he had not sought medical attention because he feared for his life.
The State questioned the circumstances surrounding the alleged medical problems, arguing that Chetty had not previously raised the issue and questioning what steps he had taken to obtain medical assistance.
The defence also challenged the evidence of the investigating officer, Warrant Officer Michelle Pillay of Chatsworth SAPS, who has 24 years’ experience.
One of the key questions put to Pillay was why the wife of accused number one had not been arrested, despite allegedly being visible in the video seated while the alleged assault was carried out against the victim.
Pillay told the court that, at the time, she did not see a need to arrest the woman.
The court also heard that statements were taken from witnesses only a couple of weeks after the incident was reported, raising further questions during the bail proceedings about the investigation and the handling of the evidence.
The defence also questioned the circumstances surrounding the cellphone allegedly used to record the incident, with submissions that the device had been tampered with after the accused’s arrest.
Chetty’s version that he had been forced to participate was also challenged in court.
The defence was confronted with allegations that Chetty had slapped the victim during the incident and that he could not adequately explain why he had done so or who had allegedly forced him to act.
The court further heard that the video had allegedly been sent by Chetty and that money was subsequently demanded from the recipient.
The State argued that Chetty had allegedly known he was being forced but had failed to disclose this to the authorities until later in the proceedings.
The defence, however, argued that Chetty’s statement had not initially been placed before the court because he and Khan had previously been represented by the same lawyer.
The State also raised concerns about Chetty’s alternative address, which had not been verified.
Meanwhile, evidence concerning Khan’s common-law wife also came under scrutiny.
The court heard that she was allegedly present during the incident and was visible in the video. The State indicated that it had taken a statement from her and was considering the circumstances surrounding her role.
The investigation officer initially opposed bail for both accused.
Despite the State’s opposition and the court finding no proof to support Chetty’s claim that he had been coerced, Magistrate Botes granted him bail of R5 000.
Khan remains in custody.
