The man accused of [email protected] a 7-year-old girl in the bathroom of a Dros restaurant in Pretoria is expected to appear in the Pretoria Magistrate’s Court on Thursday.
During his second court appearance earlier in October, the court heard that the accused would not be handing over his cellphone to assist the State with its investigation.
This was put on record when the State formally applied for access to the device.
“My instructions from the accused [are] that he does not want to help the State regarding this issue at this stage. At a later [stage] this issue might be considered,” his attorney, Riaan du Plessis, said.
Du Plessis argued that the accused had a right against self-incrimination.
A claim that the police assaulted the accused at the Silverton police station, where he had been detained after his arrest in September, was also placed on record.
“[The] accused was forced by police to do push-ups and then he was kicked by police officers and then kicked on the left eye,” Du Plessis claimed.
The accused also claimed that police officers used belts and their open hands to beat him and that people who held him before his arrest at the restaurant used a broken bottle to stab him.
News24 previously reported that the accused was at the restaurant where he allegedly followed the 7-year-old child to a bathroom and raped her.
A video taken moments after the alleged incident showed a man covered in blood and patrons lashing out at him.
State advocate Sanet Jacobson previously asked for a postponement for further investigation because forensic evidence was still outstanding.
The accused has not yet brought an application for his release on bail, nor has he pleaded to the charges.
News24 has taken a decision not to identify the accused until he has pleaded in court as stipulated in the Criminal Procedure Act.
According to Section 154(2b) of the Criminal Procedure Act: No person shall at any stage before the appearance of an accused in a court upon any charge referred to in section 153(3) or at any stage after such appearance but before the accused has pleaded to the charge, publish in any manner whatever any information relating to the charge in question.
Section 153(3) refers to criminal proceedings related to s-e-xual offences charges.
Once the accused has pleaded to the charges, News24 will reveal his identity in accordance with the law.