AFTER four attempts, former traffic chief Dave Middleton – who is facing 32 charges under the Sexual Offences Act – was finally granted bail yesterday (Wednesday).
Mr Middleton has been in prison since his arrest about 18 months ago and faces charges of rape, sexual grooming and others involving two minors.
The Port Shepstone Regional Court magistrate Johann Bester, sitting with two assessors, set bail at R30 000.
Bail was refused previously in the district and regional courts because he had failed to prove exceptional circumstances that would justify his release, something that the law required in the case of so-called Schedule 6 offences.
Arguing for Mr Middleton’s release, Advocate Jimmy Howse suggested that the investigating officer’s objections to bail were no longer an impediment to his release and that the officer’s fears that Middleton would abscond were largely unfounded.
He pointed out that all the witnesses who might possibly have been influenced if Mr Middleton was released, had testified already and all ‘real evidence’ had been secured.
The fact that the trial was only due to continue much later this year imposed severe hardship on Mr Middleton and hampered him in securing funds to finance his defence.
Mr Bester agreed.
He said that the purpose of detaining a person charged with an offence was to ensure that he or she would not abscond or frustrate the ends of justice in any other way.
It was not to punish the person simply because he or she was being charged with a serious offence and on an assumption that such person was guilty.
The court was well aware of the fears and anxiety of the community, but believed that the better informed would understand the sentiment of balancing, in the interests of justice, the rights of the individual who is presumed innocent, against the interests of society.
After consideration, the magistrate and assessors did not think that Mr Middleton posed a flight risk or that there was a risk that he would commit crimes when released.
Stringent conditions were to be imposed, however.
Mr Middleton had to settle at an address outside the districts of Port Shepstone and Umzinto and could only enter the Port Shepstone district when attending his trial.
He also may not communicate with any of the witnesses, including those who had testified already. He was ordered to hand over all firearms he owned or had in his possession and could not apply for a passport or travel document.
The trial is to continue later this year.
