R1 000 bail for child rape accused after prison torture, death threats

UNSAFE CUSTODY: Michael Scheffer, 50, of Southernwood, appears in court yesterday Picture: MALIBONGWE DAYMANI
UNSAFE CUSTODY: Michael Scheffer, 50, of Southernwood, appears in court yesterday Picture: MALIBONGWE DAYMANI
Southernwood local Michael Scheffer, 50, who is accused of raping two minor girls, has been released on R1 000 bail by the East London Magistrate’s Court.

Scheffer was granted bail yesterday until his next appearance on March 26, pending further investigation.

The terms of his bail are that he will have to relocate from Southernwood, where the alleged attacks on the minors took place, and move in with his mother in Berea. He will also have to report to the Cambridge police station every Wednesday between 6am and 6pm and not leave the area without informing an investigating officer.

Listing the reasons for his bail decision yesterday in front of a tense gallery packed with family and friends of the victims, magistrate Siyabulela Pango said there were exceptional circumstances.

These included Scheffer’s safety risk in prison and the wellbeing of his three children.

Referring to evidence submitted by defence lawyer Vuyiseka Kani in handing down the judgment, Pango said the court may grant bail to an accused when there are unusual, extraordinary and exceptional circumstances. Kani had earlier submitted in court that Scheffer had three children, aged 23, 19 and 1,7 who depended on the sole income he made as a carpenter, and he had a son who battled substance abuse. \

He also argued Scheffer was unsafe in custody After being tortured in a shared cell, he was moved to a single cell but attacks and threats to his life continued.

The state argued that fears of a hefty sentence could be an incentive to evade trial.

Further, the public was outraged and needed to believe in the justice system. Also, there were similar cases opened against the accused, which were pending, although he had yet to be charged. Finally, he had previous convictions in 2005 of malicious damage to property and possession of dagga. In his judgment, Pango agreed with Kani that with Scheffer behind bars, his children would suffer as his business would not bring in an income.

He had paid fees for his daughter’s education in Port Alfred and his clients at his furniture-making business were waiting for orders.

He dismissed the previous conviction, saying they were irrelevant to the case before him. He also found it unlikely that Scheffer would evade trial.

Evidence put by the state before the court shows that two little girls, both aged nine, were sexually violated and one of them was assaulted twice. Another was allegedly “touched” inappropriately but ran away. — malibongwed@

dispatch.co.za

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