Durban school gang-rape questioned
Questions about the authenticity of the victim’s claims were raised at the bail hearing for five pupils accused of gang-raping a 15-year-old Durban girl.
|||Durban - Concerns about the credibility of a 15-year-old Durban girl who was allegedly gang-raped at school were raised when the pupils accused in the matter applied for bail on Tuesday.
Ten pupils were arrested last week after teachers at the school, in south Durban, became aware of video footage, said to show the pupils having sex with the teen, and reported the matter to the police.
Five of the pupils, aged between 19 and 21, applied for bail in the Durban Magistrate’s Court on Tuesday, while the other five, who are all minors, are expected to be joined to the matter on Thursday when a bail decision is expected.
The names of the pupils and the school are being withheld to protect the identity of the schoolgirl.
The State did not oppose bail.
The investigating officer, Constable Prenolan Naidoo, testified it was safe for the five pupils, three of whom are in matric and the remaining two are in Grade 11, to return to their communities.
Naidoo said the community and the school wanted them released so they could return to class.
He reported that the Education Department had removed the girl from the school and placed her elsewhere.
She was removed for her own safety, he said, because she had received threats from pupils and the community.
He testified that DNA analysis was not applicable because the girl had been examined after the 48-hour window period had expired.
He said the incident apparently took place on January 22, but was not reported immediately.
Under cross-examination, he confirmed the complaint was made when the video was circulated and seen by pupils and teachers at the school. The pupils were arrested on January 29.
Naidoo confirmed a cellphone was recovered but only had an eight-second video on it.
A second video had been deleted, but police were trying to recover it.
He told the court the eight-second video showed nothing to support the schoolgirl’s allegation.
In closing arguments, the State referred to its concerns that the rape was not immediately reported and to Naidoo’s testimony that the schoolgirl had to be coerced by a teacher to report the rape and only came forward because of the video.
The pupils applied for bail through written affidavits which were read out to the court by their attorneys, Welile Ndlovu of Legal Aid and private attorney Ridewaan Sayed.
The majority claimed they were called to the teachers’ staff room, confronted about the video and allegedly assaulted by teachers. After the confrontation, they said, they were arrested.
They told the court they feared losing out on school time if they were kept in jail, where they were allegedly being bullied by other inmates.
All five assured the court they were not flight risks and said their families could afford R500 bail, while the State suggested an amount of R1 000 each.
The magistrate asked for time to consider the evidence before her and said a decision would be made on Thursday.
noelene.barbeau@inl.co.za
Daily News