A group of community members from Riverlea protest outside the Johannesburg Magistrates court as a suspect appears on charges of Rape inside, 24 February 2022. The suspect was in a position of trust in the community which makes that rape even worse according to them. Picture: Neil McCartney
The Johannesburg Regional Court has denied bail to a Riverlea man accused of the brutal rape of a local lesbian woman last month.
The 52-year-old man – who cannot be named until he has tendered an official plea to the charges he faces – made a brief appearance in the dock on Thursday to apply for bail.
In an affidavit he submitted in support of his application, he confirmed he had a previous conviction for murder, for which he was sentenced to ten years in prison. He indicated, however, that he intended on pleading not guilty to the charges he currently faces, admitting to having had sexual intercourse with the complainant but claiming it was consensual.
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He said he was married with three children – who all lived with him – and was self-employed, arguing his continued incarceration would result in him losing his income.
The state, however, vehemently opposed his release on bail, and in its submissions to the court detailed how he had allegedly lured the 30-year-old complainant to a bridge in the area and beat and raped her before robbing her of a set of gold earrings and a gold necklace. A medical report detailing the extensive injuries she had suffered and confirming there was evidence she had been raped, was also read into the record.
Ultimately, the court found the accused had not been able to show there were exceptional circumstances warranting his release on bail – further honing in on the fact that he displayed a propensity towards violence as evidenced by his previous conviction for murder and describing the offence with which he was now charged as “very serious” and the state’s case against him as “very strong”.
The man was arrested after an angry mob cornered him and tried to take justice into their own hands. The case has left them enraged.
Members of the community, who were in their numbers at court with placards emblazoned with rainbow flags and messages including “Hang the bastard” and “Burn it with a blowtorch”.
“We are here to support the complainant and all other members of our community who have been raped … This is about justice,” one among them, Ulinda Lotz, said.
She described the accused as a community leader and a father figure and said he had violated their trust. They were elated that he had been denied bail, she said further.
The complainant’s brother was also at court. He said the entire family was still in shock and struggling to come to terms with what had happened.
He however said his sister was “pulling through” and that the massive show of support from the community been invaluable during this time.
The case is due back in court in April.
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