A police officer who raped a woman inside a jail cell at Mfuleni SAPS has been remanded to jail behind bars. Photo by Misheck Makhora
A POLICE constable (40) accused of raping an inmate inside the jail cells at Mfuleni Police Station has been denied bail by the Blue Downs Magistrates Court in Cape Town on Thursday, 19 December.
The incident occurred on Friday, 29 November, when he allegedly raped a woman twice inside an empty cell.
The state opposed the bail application, saying that the case falls under a schedule six offence and that the accused still has a pending domestic violence matter.
The 26-year-old victim was held on allegations of kidnapping and attempted murder.
According to the state, the cop booked out the convict under the guise of assisting her with the case before taking her to an empty cell, where he reportedly raped her.
However, during his bail application, the officer’s lawyer claimed that the convict initiated a kiss with him, which resulted in a consensual sexual encounter.
The court heard that he had done this before; prior to his current case, his station commander had booked him off work for attempting to rape an inmate.
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During the bail argument, State Prosecutor Litha Duka said the accused is not fit for bail as he has frequently disrespected the law despite being a cop.
Besides the ongoing gender-based violence case and rape case, the accused also has three other matters reported against him.
“There were also other reported matters against the accused in 2010, 2011, and 2021. That’s why we are opposing the release of the accused on bail. We are of the view that there is a likelihood in terms of section 60 and subsection 4 (Criminal Procedure Act) that the accused will commit a Schedule one offence,” said Duka.
It was disclosed in court that it was not the first time the constable has tried to have sex with inmates.
Reading an affidavit from Tukayi, Duka said he called his wife to the cop shop as he was on night shift.
The Magistrate said the accused has brought the name of the police into disrepute and has abused his powers. Further, the Magistrate said the victim will be haunted by the incident throughout her life.
The matter was remanded to 20 February for further investigations.
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