A Booysen Park man accused of raping a mentally challenged teenager was granted bail of R450 on Wednesday after spending more than six weeks in custody.
The 24-year-old, who cannot be named as he has not yet pleaded to the charge, was arrested in mid-December after he was allegedly caught in the act.
In an affidavit submitted to court in his application for bail, the man admitted he knew the 16-year-old victim.
He said he had been walking with her in the Booysen Park area on the day of the alleged rape.
He said he had then left her behind in the Greenfield area. He denied raping her.
However, the prosecution said it was in possession of statements from community members who claimed they had chased him from a vandalised building where the incident is alleged to have taken place.
According to the state, community members had seen the man, half-naked, on top of the girl, and had thrown stones at him to get him to stop.
While the man was able to escape the alleged wrath of the community, he was later arrested by the police.
Handing down judgment on the bail application, the court found that there was no factual evidence that the man would interfere with witnesses, that he would attempt to evade his trial, or that he would jeopardise the administration of justice.
The court further found that while the state claimed it had a strong case against the man, this could not be the main reason to deny bail.
The court also dismissed the state’s claim that should the man be released on bail, the community would be outraged and the man’s safety would be in danger.
In similar matters, community members usually submit a petition to the court, but this had not been the case in this matter, the court found.
The man was released from custody later after a relative, present in court, paid the R450.
His bail conditions include that he resides at an alternative address with a relative, that he reports to his nearest police station twice a week, and that he not interfere or contact any of the witnesses.
He is expected back in court on April 5.
HeraldLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.