The farther was sentenced to life imprisonment in August 2024.
Image: File picture
A FORMER Kimberley Tactical Response Team (TRT) constable, who was sentenced to life imprisonment in August 2024 after he was convicted of raping his daughter, is seeking bail pending an appeal against his conviction and sentence.
The former constable denied raping his child, who was 10 years old at the time of the incident.
He had previously written a letter to his daughter, apologising for what had happened.
An appeal in the magistrate's court was previously dismissed.
His legal representative, advocate Sakkie Nel, advised the Northern Cape High Court this week that his client would abide by all bail conditions and was prepared to pay bail of R10,000.
“He has a stable home, a wife, and ties to Kimberley, and he has a good pension,” said Nel.
He argued that there was no evidence to suggest that the accused would endanger the public, the mother, or the complainant, or that they had any reason to “fear for their lives”.
“There is no reason for him to remain in custody just because the community opposes his release on bail.”
Nel added that his client had lodged an arbitration dispute after he lost his job.
“He will not be able to get his job back if he remains incarcerated. There are strong prospects that he may win his appeal.”
State advocate Tersia Engelbrecht pointed out that the father was convicted and sentenced for a Schedule 6 offence involving the rape of a minor.
She argued that he was a flight risk and could abscond, as he had already been given a life sentence.
“He has not proved any exceptional circumstances and has no evidence of any prospects of success on appeal.”
She indicated that the court had arrived at a sound decision based on all facts presented, as well as the evidence of credible witnesses.
Acting judge Tyuthuza reserved judgment.
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