AfriForum to privately prosecute grandfather who allegedly raped child

At a press conference on Thursday, lobby group AfriForum announced that advocate Gerrie Nel, head of the organisation’s Private Prosecution Unit, will be privately prosecuting a man accused of raping his three-year-old granddaughter.

The organisation accuses the criminal justice system of failing the victim.

According to Nel, the rape happened “in the home of the victim’s grandparents”.

The advocate further alleges that the grandfather is “a successful and respected businessman in the financial sector”.

READ MORE: Gerrie Nel to prosecute George Bizos’s son

“The victim reported the rape and assault to her mother and father, and a psychologist confirmed the sexual offences in a psycho-legal assessment. The victim also identified her grandfather as the perpetrator to her teacher,” Nel continued.

“When the applicant first approached our office and told us the facts, we were astonished that the police had failed to take a statement from the important independent witnesses: that is the school teacher and the psychologist.

“We were also astonished that detectives had not taken steps to secure cell phone evidence. In fact, the South African Police Service (SAPS) closed the docket after a month.”

According to Nel, AfriForum “wrote letters imploring the SAPS to take the statements. The organisation also reported the conduct of the policeman to his commanders and police management”.

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Nel alleges that “despite these letters, the police obstinately refused to take the statements” and that “AfriForum’s private prosecution unit procured the versions of the witnesses itself”.

“Despite the evidence that exists against the accused, the legal system failed the victim. It is now two years later [and] the victim has limited access to her mother. The National Prosecuting Authority (NPA) [has] decided not to prosecute.

“The NPA took a decision without ensuring that proper investigations had been concluded. The prosecutors I know will prosecute if they consult with these two witnesses.

“If this matter received the attention it deserves, prosecuting the accused would have been no problem whatsoever.”

Nel, who became famous as the public prosecutor in the Oscar Pistorius trial, left the NPA to join AfriForum’s Private Prosecution Unit in January 2017.

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