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NEWS
Man
rapes fiancée's 9-year-old, The Daily News, 13 March 2008
Rape accused desperate to stay out of jail By Ayanda
Mhlongo
A Bluff man accused of raping his fiancée's daughter
is desperately trying to prevent the Durban magistrate's court from
revoking his bail.
The 45-year-old man, who cannot be named, was charged with rape and
indecent assault on January 30, but was later released on bail.
On Wednesday, the state made an application for the court to withdraw
his bail after he allegedly violated the bail conditions.
According to the state, one of the conditions of bail granted to the
accused stipulated that he was not to contact the nine-year-old victim,
her cousin or their families.
The court, however, heard how the accused had allegedly sent at least 34
SMSes to the victim's mother. The last one was sent to her on February
14.
While on the stand, she told the court that she had received the
messages from a number which she recognised as that of the accused. He
also apparently sent her 10 messages from his mother's cellphone.
She explained how threatened and afraid she had been when she received
the messages and admitted to the court that she had responded to one of
them, demanding that the accused leave her alone.
She also said that since the accused had been granted bail, her daughter
had become very scared and could no longer be left alone at any time of
the day.
During cross-examination, the defence questioned the woman on the
possibility of her having sent the SMSes to herself. The defence
attorney told the court that the accused's cellphone had been stolen on
February 8, arguing that the accused could not have sent the messages to
the woman.
She, however, denied having any part in the SMSes and insisted that they
were from the accused.
The case was adjourned until Friday, and the state is expected to call a
cellphone expert and the investigating officer to the stand. This
article was originally published on page 2 of The Daily News on March
13, 2008 Charlene Smith Greenside Johannesburg 2193 South Africa Tel &
fax: +27 11 646 7637 Mobile: +27 82 495 8716 Skype: CharleneLSmith ***
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