PE dad denied bail after child abuse charges
A PORT Elizabeth father has made his first appearance in the New Brighton Magistrate’s Court on a charge of child abuse after he allegedly flung his one-year-old baby girl from a roof during the demolishing operation of illegal houses.
A charge of attempted murder was withdrawn against Mthobeki Katali after the prosecution indicated that he would be charged with child abuse, a schedule one offence, until such time there was further evidence to institute a charge of attempted murder.
The issue of a fixed home address also became a contention, with the State arguing that he could not be released as he didn’t have a fixed address after his structure was demolished last week.
Last week, Katali allegedly used his daughter and threatened to throw her from a shack roof in an attempt to force metro officials not to take down the structure.
As police moved in to stop him, Katali allegedly threw the little girl from the rooftop.
But she was caught by a metro police member and was unharmed during the ordeal.
The baby girl has since been placed in the care of social services.
State prosecutor Nontshumayelo Balicawa opposed bail based on the charge of child abuse being provisional.
The prosecutor added that police were unable to verify his new address after his shack was demolished.
Balicawa said: “If you look at the nature of the offence, the child was thrown from a roof.”
However, legal aid attorney Mxolisi Moolman argued that it was not procedure for an accused person to be kept in custody because the state “was still thinking” about a future charge.
Moolman said police had 48 hours to verify his address and Katali should not be kept in custody because the police did not do their jobs.
But Balicawa questioned that, if he were to be released on bail, where would he go. “If he is released, then where to? The address is not verified. Where will the court release him to?” she asked.
Magistrate Shivan Maharaj said the court needed to take the child’s interests into consideration.
“The court is more comfortable getting a social worker’s report in the interests of the child. The address needs to be verified, we can’t allow bail and there is no fixed address,” she said.
The case was postponed until April 23 for the verification of Katali’s address.
Metro police member, Luyolo Nojulumba, who caught the baby girl during the ordeal was also at court yesterday, as were members of the community in support of the father.