Dros accused’s tears
Despite allegedly being beaten by police officers during his incarceration, the man accused of raping a seven-year-old girl at the Dros restaurant in Silverton was defiant yesterday, and refused to cooperate in the investigation against him.
The 20-year-old made his second appearance before the Pretoria Magistrate’s Court yesterday, to a courtroom filled with political party representatives, including Tshwane mayor Solly Msimanga.
The story has stoked national outrage, with videos of the accused found naked in the Dros toilet going viral.
Francis Baard Street, adjacent to the court entrance, was closed off by Tshwane metro police ahead of the bail hearing, due to the large group of protesters.
The court yesterday heard the accused was refusing to hand over his cellphone, an item the state described as “critical” for investigations. His cellphone is currently in his grandmother’s possession, the court heard.
Senior prosecutor Sanet Jacobson requested Magistrate Marley Mokoena to order the accused to hand over his cellphone as part of investigations.
Through his lawyer, Riaan Du Plessis, he however refused, saying he would not assist in the investigations as he has a right against “self-incrimination”.
“I have instructions from the accused that he doesn’t want to help the state in its investigation,” Du Plessis said.
Mokoena ruled that the state would have to bring a formal application to request the cellphone.
Gauteng National Prosecuting Authority (NPA) spokesperson, Phindi Mjonondwane, said the state would continue to bring applications to strengthen the case.
“[The cellphone] forms part of what the state needs,” she said.
The accused yesterday claimed he was assaulted by members of the public and police officers.
With a shaven head, and deep stitches on the right side of his face and neck, he appeared slightly confused, emotional and close to tears in the dock.
The court heard he had suffered injuries from being hit by a beer bottle by those who found him in the toilet. He also had a bloodshot left eye, which he claimed was the result of Silverton police officers, who apparently kicked him in the eye.
“The accused said he was hit with open hands and a belt by the police members,” Du Plessis said.
He remains in custody. The matter has been postponed to November 1.