Prosecutors in court for facilitating 'illegal' bail for suspect

Two North West prosecutors have been suspended for allegedly facilitating the unlawful release on bail of an undocumented suspect facing several charges including rape and kidnapping.

Rustenburg-based Tshikani Golden Rikhotso, 46, and Mikhalani Patrick Chauke, 39, allegedly brought forward the bail application of a suspect and omitted some charges when he appeared before a magistrate which resulted in him being released on a R700 bail.

They were arrested last week and charged with defeating the ends of justice. They are out on R1000 bail each.

At the centre of the alleged crime is a Nigerian national believed to be undocumented.

According to an SAPS report Sowetan has seen, the suspect was arrested back in April and charged with rape, assault with intention to do grievous bodily harm, kidnapping as well as charges related to the Immigration Act.

He then appeared in court on May 3 and the case was postponed to May 17 for bail application.

Rikhotso and Chauke called the victim before the bail application and asked her whether she was comfortable with her alleged rapist being released on bail, says the report.

“The victim pleaded with the prosecutors not to grant him bail, saying she was afraid of him," the report states.

Without the knowledge of the investigating officer and the victim, the two allegedly brought the case forward and made a request that the suspect be brought to court on a date different from the one initially set for the bail application.

“During the bail application, they failed to put charges of assault GBH, kidnapping and contravention of [the Immigration Act] as they appeared on the case docket against the suspects. 

“Both prosecutors decided to set bail at R700 and the suspect was released,” says the report.

The North West Provincial Anti-Corruption Investigation Unit later probed the matter and the two were arrested last week.

Spokesperson for National Prosecuting Authority (NPA) in North West Sive Gunya declined to comment on the allegations stating that the matter was still in court.

"I cannot comment on other questions; let's allow the process to unfold," he said.

Gunya confirmed that they were still looking for a third suspect who also faces a charge of defeating the ends of justice.

 He said the NPA was committed to upholding the rule of law, and ensuring that justice is served.

“National Prosecuting Authority is serious about fighting those who are corrupt in its ranks. Furthermore, NPA would like to assure the public that disciplinary actions will be taken against its members who are against the system,” Gunya said.

Rikhotso and Chauke have to report once a week at their local police station between 9am to 5pm as part of their bail conditions.

They were expected back in court on September 26.

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