The family of an East London attorney charged with rape, sexual assault and assault with intent to cause grievous bodily harm gave one another high fives when he was granted bail of R4,000 on Monday.
The man breathed a sigh of relief and shook his defence counsel’s hand before turning to hug his family members.
On Friday, the lawyer launched a startling defence of sado-masochistic marital sex in which he claimed his hitting his wife was consensual.
After a week in jail, magistrate Lionel Mitten released the lawyer from custody, but on condition that not a drop of alcohol must pass his lips until the end of his case.
The well-known lawyer was arrested a week ago after the complainant, his wife of 10 years, pressed charges on Mother’s Day, a few hours after the alleged rape and assault.
He stunned the court during his bail testimony on Friday, when he denied the charges against him and instead said he and his wife practiced consensual sado-masochistic sex, and on the night in question were busy with their chosen style.
He said he had “punished his wife with her consent” after a drunken night, as they often did when they indulged their fetish.
During his testimony, he said his entire livelihood rested on his release as he was the sole owner of his law practice, and his wife and children relied on him for financial support.
In his testimony on Monday, investigating officer Sergeant Lunga Dyasi said the man should be remanded because of the gravity of the injuries the woman had sustained.
Reading out the medical report, the officer said a doctor had said the injuries were “in keeping with assault and forced sexual intercourse”.
He said the attorney did not deserve bail as he’d violated his responsibility of protecting his wife from all forms of harm.
Mitten ruled that the lawyer had proved beyond reasonable doubt that a lot was a stake if he remained behind bars until the case was finalised.
Mitten said there was no reason to believe that the man would endanger public safety or that of his his wife.
The man was instructed to move out of his marital home, not make contact with his wife until the case was finalised, and to report to Beacon Bay Police Station on Fridays...