Former deputy police chief Shadrack Sibiya denied bail over rape and grooming charges
Former deputy national police commissioner Lieutenant-General Shadrack Sibiya was denied bail in the Randburg Magistrate's Court on Tuesday. The magistrate found he was likely to try to influence witnesses and tamper with evidence.
The ruling
The finding of the court is that the applicant failed to show exceptional circumstances that permit the applicant's release on bail.
Mkhasibe said the State had not only alleged a strong case but "presented evidence that the State's case is strong," News24 reported.
She stressed that a bail hearing does not decide guilt. The court weighed Sibiya's right to liberty and the presumption of innocence, IOL said, but found he had failed to show exceptional circumstances and that there was a risk of witness interference and evidence tampering.
Threats and allegedly wiped phones
The State told the court that Sibiya's phones were allegedly wiped shortly before his arrest. It also presented an audio recording that allegedly contained threats against the teenager's family, the Mail & Guardian reported. The teenager is under witness protection.
The magistrate quoted a remark attributed to Sibiya, made to the girl's father: "The easiest person to deal with is you. I can deal with you very quickly and easily."
"When a person makes such utterances, there can never be any interpretation other than a threat of harm," she said.
Sibiya's defence
Sibiya, represented by advocate Estelle Killian, called the charges "trumped up" and challenged the trafficking count. He says his encounter with the 18-year-old was consensual.
The magistrate said a trafficking charge "stands" at this stage. But she noted the trial court will make the final decision on its legal elements.
| Date | Step |
|---|---|
| 21 September | Arrested by the Madlanga Commission's Recommendations Task Team |
| 12 October | SAPS disciplinary proceedings begin; he tendered his resignation through his lawyer soon after |
| 20 October | Bail refused after a three-week hearing |
| 24 November | Next court date |
Sources: IOL, Mail & Guardian, News24.
