Alleged child rapist of four denied bail

State case is strong, said magistrate Muller

THE bail application of a 76-year-old Kenton man, one of two men charged with the alleged sexual molestation and rape of children in Kenton-on-Sea's Ekuphumleni township, has been denied.

This decision, by magistrate Louis Muller last Thursday, was much to the delight of those protesting outside the courthouse.

The four children who are said to be involved, are between the ages of eight and 12. Medical examinations proved that at least one of the girls had lost her virginity during the encounter, which had allegedly taken place between December last year and July this year.

The suspect, who is partially deaf and walks with a pronounced limp, said in court that he was experiencing problems in jail and that he had been placed on medication for high blood pressure. He added that other health problems had manifested while in jail and that he was “having a torrid time”.

He also said that he was incapable of rape because he had erectile dysfunction.

He denied the girls had visited his home on several occasions, and said he had only allowed the girls into his home once, when they had asked for food.

He said that the girl who had accused him of rape was lying.

Legal Aid defence attorney Katya Offermann said that her client was in poor health and did not represent a flight risk. However, state prosecutor Chwayita Mkhwayimba argued that the state’s case was strong and the defence had not proven exceptional circumstances to allow the permitting of bail. A second man, in his 60s, who is accused of rape by the same girls, was brought into the courtroom but, after a brief recess, Muller said that he would not hear the bail application. "Although I am certain I could remain unbiased in this case, and that the facts are the same as in the previous case, I will rather appoint another magistrate,” Muller said.

He postponed the second bail application until Monday. However, on Monday the replacement magistrate was unavailable, so the bail application for the second accused will be heard today.

The suspects may not be named until they have pleaded as is procedure in sexual offences cases.