Two reapply for bail in daycare owner rape trial

TWO of three youths accused of raping an East London daycare centre owner in front of her minor children were in court yesterday morning to reapply for bail “on new facts”.

They have been in custody since beginning of February last year.

The two youths, who cannot be named as they have yet to plead to their charges, yesterday told East London magistrate Siyabulela Pango that they had new information that might overturn an earlier ruling that found they were not eligible for bail.

A third youth, who was also present in court, abandoned his bail application and complained to the magistrate about being dragged from the prison cells to court even after indicating that he had no interest in the bail application. the

State prosecutor Thulani Solani told Pango the court was not ready to hear the matter as transcripts of last year’s bail application on February 13 were still outstanding.

Pango agreed the matter could not be heard without the transcript.

He told the accused that in determining their “new facts” the court would rely heavily on what had already been said in the first application.

Solani requested two weeks to obtain the transcripts and the case was postponed to January 24.

Pango ordered that the youth who did not want to apply for bail be left behind in prison on that day.

The three accused will be back in court on February 8 for a trial date in the high court.

The state will seek life sentences for rape and housebreaking.

The state’s case is that the incident took place on January 25 last year, when five men broke into the woman’s home shortly after 2am and found her asleep in bed with her 10-year-old daughter.

The woman’s 16-year-old son was asleep in the next room.

The men allegedly demanded her bank card and pin number at knifepoint as she lay in bed.

The suspects allegedly told her that if she refused or gave them an incorrect number they would rape and kill her 10year-old daughter.

Two of the woman’s attackers are still at large.

Two of the accused then allegedly raped the woman.

While the two were allegedly raping her, the other suspects stole valuables in the house, the court heard from the investigating officer Warrant Officer Sandile Tongo last year.