The Nigerian man accused of kidnapping and raping a 12-
year-old girl in Mamelodi, South Africa was on Thursday
denied bail in the Pretoria Magistrate’s Court. See previous
post here.
Augustine Obono, 36, is also facing a charge of human
trafficking, which could see him having to pay a R100 million
fine or face life in prison if convicted.
The State, led by advocate Andrew Mphaga, opposed his bail
application. The investigating officer, Constable Mapule
Mahlaba, submitted an affidavit detailing why the accused
should be denied bail.
She said the accused was a Nigerian national with no fixed
address as the caretaker of the flat he listed his address said
he moved into the room on the day of his arrest on December
1. There was no lease agreement.
The accused also could not furnish the police officer with a
fixed address for his place of employment, but said he was a
hair stylist “in town somewhere”.
Mahlaba also indicated that she received a petition from an
organisation called the Progressive Women’s Movement, with
261 signatures asking the court to deny bail.
She said the girl was walking to a nearby park to meet friends
when she encountered an unknown woman who convinced
her to go to the accused’s flat in Sunnyside.
The girl said she slept in the flat with the unknown woman
with the understanding that she would return home the
following day, but when she woke up the next morning the
accused was sitting on the side of the bed next to her. The
woman has since disappeared.
“The applicant then forced the victim to make him
money by prostituting herself and when the victim
refused, the applicant assaulted her and raped her
repeatedly,” the officer said.
He allegedly locked her up in the flat, sometimes without
food, and supplied her with drugs. His plan was to get her
addicted so he could control her.
"She eventually succumbed and worked for the
applicant as a prostitute and handed the money
received to the applicant. Obono allegedly forgot to
lock the security door, and the victim asked the
people outside to open for her. The accused got into
an altercation with the people helping her, but she
screamed and he eventually opened the door for her.
That was how she escaped.
This was on December 1, two months after she was
abducted. Obono was arrested the same day. The accused,
in his affidavit read out by his Legal Aid attorney Donald du
Plessis, denied all the allegations. He said he intended to
plead not guilty to the charges.
Obono faces Schedule 6 charges and the responsibility was
on him and his defence team to prove exceptional
circumstances to warrant his being released on bail.
He said he was not married but had a girlfriend and an eight-
month-old baby living in Durban. He indicated that he was
self-employed as a hair-stylist in a salon in Church Street and
earned R2 500 a month.
He also said he had a fixed address at a flat in Devenish
Court in Sunnyside, Pretoria, a room leased to him by the
caretaker, and that he had paid R800 towards the R1 200
rent. He said he moved into the room on the same day that
he was arrested.
He also said he had no previous convictions or pending cases
and was in South Africa as an asylum seeker. His documents
would expire in March. He said he was not a flight risk
because he had a child living in South Africa and wanted to
apply for citizenship.
He said he had a television set and a home theatre system
which he did not want to lose if he were to run away from
facing trial. He also did not want to forfeit his bail money to
the State by running away.
The State said, however, his child – which it did not believe
existed – or whatever assets would not be enough reason to
escape two possible life sentences.
"I am in agreement with the prosecution that the
reason why exceptional circumstances have not been
told to the court is because none are in existence,"
said magistrate Lesetja Mphahlele.
He said the offences he was facing were of a very serious
nature which carried life sentences if he were convicted and
there was a strong likelihood that he would evade trial.
"Common sense tells me a man cannot wait to be
sentenced to life in order to preserve a television set
and a home theatre system. Common sense tells me
a man cannot wait to be sentenced to life because he
is having a child in South Africa. For the reasons I
have mentioned the court is not prepared to grant
bail."
The matter was postponed to February 8 for further
investigations.
Source: Pretoria News
Photo credit: Nomwaswazi Nkosi
