Rape accused denied access to police docket

A 25-year-old man accused of raping a 15-year-old former Hexagon High School pupil had ‘instructed’ his attorney to make an application to gain access to documents in a police docket during his appearance at the Queenstown magistrate’s court last Thursday.

The Rep reported (Komani rape shock,August 23) that the accused had allegedly brutally attacked the victim after offering to organise transport for her to get home after attending another school’s matric dance on August 16. He appeared in the Queenstown magistrate’s court on August 26, and elected to abandon his bail application The accused cannot be identified because he has not yet pleaded, and later intends to proceed with a formal bail application.

The accused, who is reportedly facing a schedule 6 offence, instructed defence attorney, Bizmark Boqwana, to make a formal application to get the J88 (medical evidence), SAP 69 (criminal record) and the warning statement documents from the police docket. In his application Boqwana stated that the accused was entitled to these documents as he had a right to fair trial. He added that the documents would assist in strengthening the case and to proceed with the bail application.

The state opposed the application on the grounds that the request will affect the investigation of the case. Magistrate Ganasen Narayamsy dismissed the application, stating that investigations were sill proceeding.

The matter was postponed for the defence attorney to gather information to prepare for the case as per agreement between the defence attorney and the state. The accused was remanded in custody and will appear again on October 24.

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