It says the Congolese national, who is illegally in South Africa, has nothing keeping him here since his family is also not in the country.
The 38-year-old was applying for bail in the Kimberley Magistrate’s Court and judgment on the application has been reserved for Monday.
He is accused of raping a 17-year-old girl, last month, who was consulting at the surgery he works at. State prosecutor Kekeletso Lekota maintains that allowing the rape accused bail would be giving him the opportunity to evade trial.
“The applicant being a medical assistant who is known as a doctor has means to evade his trial as he already says he has an income. He is in possession of a Congolese passport. Congo does not have extradition agreements with South Africa.”
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Granting bail in the interest of justice
The defense in the matter has argued that giving their client bail would be in the interest of justice. Defense lawyer, Kenneth Juries insists that the 38-year-old is not a flight risk, as he has faced the same charge before yet he did not flee the country.
Defense lawyer is Kenneth Juries, “There’s no concrete evidence to say that in the past, evaded his trial. He had a matter, same charge, that he attended up to finalisation. That is a fact, to show to this court that yes he will stand his trial, unlike the state that can merely argue to this honourable court that such possibilities do exist.”
