Sibiya bail battle continues as suspended police general faces rape charges - IOL

Suspended Deputy National Police Commissioner Lieutenant General Shadrack Sibiya is due back in the Randburg Magistrates' Court on Thursday as his bail application continues on charges including rape, sexual grooming and human trafficking.

Suspended Deputy National Police Commissioner Lieutenant General Shadrack Sibiya is due back in the Randburg Magistrates' Court on Thursday for the continuation of his bail application.

He is facing five charges, including rape, sexual grooming and human trafficking.

Sibiya appeared in court on Tuesday, where he described the charges as "trumped up" and alleged they formed part of an attempt to remove him from the police service.

The 59-year-old senior police officer was arrested last week following an investigation by the Commission Recommendations Task Team (CRTT), which is examining matters arising from the Madlanga Commission.

The state alleges that Sibiya raped an 18-year-old woman at a Sandton hotel on May 16 after she was allegedly given alcohol and lost consciousness.

He is also accused of grooming a 16-year-old girl through WhatsApp between July and August, including allegedly possessing and sharing sexually explicit images of her. 

The teenager is the daughter of an associate of Sibiya.

The state further alleges that Sibiya trafficked three people for sexual exploitation.

In his affidavit, read in court by his lawyer, Estelle Kilian SC, Sibiya denied the allegations.

Sibiya also questioned the involvement of the CRTT in the investigation.

Sibiya said the CRTT was established by the South African Police Service under a presidential directive to investigate and act on prima facie evidence, referrals and urgent recommendations arising from the Madlanga Commission.

He said the task team's mandate did not extend to the allegations against him.

"The obvious but crucial question that needs to be answered by the state is why the CRTT and its members involve themselves in a matter that clearly did not emerge from the Commission's scope or mandate," he said.

Sibiya alleged that the charges were part of a broader faction within the police service seeking to remove him.

"I furthermore submit that the answer lies within the pertinent fact that all allegations are aimed at removing me from the SAPS sphere and due to the fact that no charges emanating from the Commission could affect the same, the current case was trumped up against me," he said.

The court also heard that the 16-year-old allegedly told her father that she had a crush on Sibiya.

Sibiya said he had been invited to a braai at the teenager's home by her father, who is an associate.

He said the father later asked him to collect the teenager from Centurion and gave him her cellphone number.

Sibiya said he picked her up as requested.

A week after the braai, the associate allegedly visited him.

“On this occasion he was disturbed and told me that he received a video of his daughter masturbating from an undisclosed source.”

He said the man forwarded the video to him and described it as offensive.

"He told me in the same breath that his daughter had a crush on me and proceeded to phone her in my presence," Sibiya said.

He added that the father confronted the teenager about the matter and that she confirmed she had a crush on him.

"I felt very uncomfortable with what was taking place and asked him why he found it necessary to disseminate video material of this nature, as I considered it unlawful," Sibiya said.

He said he subsequently contacted the teenager and asked why her father had the video.

According to Sibiya, the teenager was surprised to learn that her father had the material and asked him to send it to her so she could establish what he had told her.

Sibiya said he sent the video to her at her request.

He said the teenager confirmed that she was the person shown in the video but did not know how her father had obtained it. 

She then allegedly sent him other similar material and asked him to investigate.

The magistrate questioned why the father had needed to send the material to Sibiya.

The defence argued that the father was the person who should answer that question.

Sibiya also addressed allegations concerning the 18-year-old woman.

He said he met the woman and others on two occasions on consecutive Friday and Saturday nights at the Garden Court hotel.

He denied the state's allegations that he had recruited, transported or delivered people for sexual exploitation.

"I submit that these allegations are devoid of any substance and truth, and I will show that, in fact, Mr M was the person who had perpetrated said actions," he said.

Sibiya maintained that the alleged victims were not vulnerable, had not been sexually exploited and had not been deceived by him.

Sibiya said the father had called him before the hotel meeting and asked him to take a break and join him at the Garden Court.

He said he arrived late on Friday evening, at about 10pm, and found the man in a hotel room with the 18-year-old woman and another person.

"They clearly arrived there on their own steam. I did not transport anybody," he said.

Sibiya said the two women appeared to be intoxicated when he arrived and claimed he stayed for about 30 minutes before leaving.

He said the following Saturday, the woman's father again invited him to the hotel, saying the women wanted to see him and were unhappy that he had left early the previous evening.

Sibiya said he arrived at about 7pm and found them in the same hotel room.

He said the women told him they were hungry and wanted food.

He suggested that they eat at The Grand restaurant and said he also suggested that they dress appropriately because they were wearing revealing clothing.

The state has previously alleged that Sibiya instructed the women to change their clothing and told them he would take them to an upmarket venue that was unknown to them at the time.

Sibiya said they agreed to travel in two vehicles for supper at The Grand.

He denied raping her and said that the sex was consensual after visiting 'The Grand' strip club.

State prosecutor Velile Makhasana requested a postponement to allow the state to prepare after receiving documents from the defence on Tuesday and to cross-examine Advocate Rashad Moosa, who is part of Sibiya’s defence team.

Moosa will be cross-examined about his encounter with the top cop regarding the case.

Sibiya asked the court to grant him bail, saying he could afford to pay R20,000.