Middleton’s prayers go unanswered
The trial was set down for two days in November.
BAIL was refused for the fifth time to former traffic chief, Dave Middleton, in the Port Shepstone Regional Court last Friday morning.
Shortly before Regional Magistrate Johann Bester ruled on the bail application, Middleton and his partner were seen holding hands and praying through the court’s holding cell.
Middleton has pleaded not guilty to 32 charges ranging from rape, sexual assault to the sexual grooming of children.
The trial was set down for two days in November.
Magistrate Bester said that on the evidence he had heard and the argument of counsel, he could not find that Middleton had discharged the onus to prove exceptional circumstances to justify the release on bail on the balance of probabilities.
He said that the legislator had seen fit that those charged with a schedule six offence, which includes the rape of a child, be detained in custody pending the trial unless he or she proves exceptional circumstances that warrant them the release in the interest of justice.
“Courts generally refuse bail as they have reason to suspect the accused person could evade justice by absconding or interfering with state witnesses, or could in any way tamper with the evidence of the state,” he said.
Magistrate Bester said that until such time he has heard the evidence of the children it is not possible to determine the relevant strength and weakness of the state’s case.
“Only once this is heard, can I be able to make some sort of value judgement and determine whether the dangers the state complains of are still realistic under the circumstances or not,” he said.
Last week Tuesday, when Middleton’s defence attorney, Xolile Ntshulana, applied for bail he asked the court to consider the fact that, as the trial would proceed well into 2015, it would be extremely difficult for counsel to consult with Middleton in Westville Prison, Durban and the testimony of the state witness, the mother of one of the girls, has weakened the state’s case.
He also reiterated that his client would not interfere with the state witnesses.
The state opposed bail, as it feared that Middleton might abscond to evade trial, similar to what he did when police tried to arrest him at a shopping mall in Margate and that the children yet to testify, would feel intimated if he was released on bail.
