Sex case against radio presenter dropped by state

THE sexual assault charge against a former Kingfisher FM presenter was withdrawn yesterday in the Port Elizabeth Magistrate’s Court.

The case against the 36year-old man was set down for a two-day trial.

But shortly after his arrival at court, his legal team was informed that the charges had been dropped.

The man was charged after he allegedly stalked a 22year-old woman online, repeatedly phoned her and threatened to rape her.

Despite never making physical contact with the woman, he was arrested in August last year and charged under the Sexual Offences Act.

His attorney, William Booth, said the defence had made representations to the director of public prosecutions (DPP), who decided there was insufficient evidence for the case to go ahead.

“We approached the senior state prosecutor in July and heard later that the case was being reviewed by the DPP,” Booth said.

“We were ready to proceed with the trial [yesterday] but the prosecution advised us that the matter had been withdrawn.”

The defence had argued against the allegations when they made their submissions to the DPP.

Booth said the case had been withdrawn because the charge sheet was “devoid of any truth”. His client, who cannot be named as he never pleaded, declined to comment.

He arrived at court with a number of friends and family members.

They hugged each other outside the courtroom afterwards.

“It has been a hectic year for my client,” Booth said.

“This story spread across the country and it has been quite a traumatic experience for him and his family.”

Asked whether or not he would be pursuing a civil suit, Booth said he would discuss it with his client. “For now, we will just reflect on what has happened and maybe in the new year we will think about it,” he said.

The woman’s family, who did not want to be identified, were unhappy with the decision.

“I don’t want to discuss this case,” her upset father said.

“All I can say is the legal system has let us down.”

National Prosecuting Authority spokesman Tsepo Ndwalaza said the matter had been withdrawn after careful consideration by the DPP.

“The DPP raised a number of issues with the case, and eventually determined that there was no reasonable prospect of a successful conviction,” Ndwalaza said.

He said the limited evidence and the fact that there was never any physical contact between the presenter and the woman were just some of the considerations that had led to the charges being dropped.

‘ This story spread, and it has been quite a traumatic experience for him