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Shadrack Sibiya Bail Hearing Postponed After Threatening Voice Note Played In Court

Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya will remain behind bars after his bail application was postponed to 7 October. Photo: Supplied

Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya will remain behind bars after his bail application was postponed to 7 October, as the State and defence continued to clash over allegations of witness interference, sexual offences and a newly added firearm charge.

Sibiya appeared before the Randburg Magistrates’ Court on Friday, where his legal team continued cross-examining the investigating officer, Sergeant Nokukhanya Ndlovu.

He is facing six charges, including rape, three counts relating to sexual grooming, human trafficking and an alleged contravention of the Firearms Control Act relating to the handling or storage of a firearm.

The rape allegation concerns an 18-year-old woman, while the grooming allegations involve a 16-year-old girl. Sibiya has denied the charges and maintains that the sexual encounter with the 18-year-old was consensual. His defence has also challenged the State’s version of events surrounding the teenager.

The additional firearm charge emerged during the bail proceedings on Thursday. According to published court reporting, the State alleges that a firearm was found in Sibiya’s vehicle when he was arrested and that the matter relates to its storage.

The bail proceedings took another dramatic turn when the court heard a voice recording allegedly capturing Sibiya speaking to “Mr M”, the father of the 16-year-old complainant.

In the recording, Sibiya is heard discussing his relationship with Mr M and the financial assistance he said he had provided to him.

Sibiya allegedly said he had regarded Mr M as a younger brother and had supported him financially, including giving him access to his bank card and money for groceries.

He then said: “The easiest person to deal with is you. Very quickly and easily.”

The recording was presented by the State as part of its case concerning possible witness interference. The full recording and its interpretation still have to be transcribed.

The State has also alleged that people connected to the case offered money to witnesses and complainants in an effort to persuade them to withdraw the charges. The allegations form part of the State’s opposition to bail.

Sibiya’s defence, however, has sought to challenge the credibility of the State’s case and the circumstances surrounding the complaints.

During cross-examination, advocate Amanda Nel questioned Ndlovu about the evidence linking Sibiya to Bishop Maumela. Nel argued that there was no evidence showing that Maumela had acted on Sibiya’s instructions.

Nel also challenged the State’s interpretation of photographs allegedly sent by the 16-year-old, arguing that the teenager was not coerced into taking the photographs and may have shared them with other people.

The defence further put forward a version that the relationship between Sibiya and the girl’s father deteriorated because of a financial and business dispute rather than the allegations involving the teenager.

Nel suggested a failed deal involving Sibiya’s GWM bakkie and the withdrawal of financial assistance had caused a rift between the two men.

The defence has also raised concerns about Sibiya’s detention conditions at Kgosi Mampuru II Correctional Centre.

His legal representatives argued that he was being held in a confined C-Max section and wanted him moved to a single cell where he could have greater interaction with other inmates.

The investigating officer opposed the proposed change, telling the court that the current arrangements were intended to protect Sibiya.

The court also heard that Sibiya had requested keys at Valeria police station because he suffers from claustrophobia, while the investigating officer said intelligence indicated there was information about an alleged escape plan. The defence argued that the request for keys demonstrated that Sibiya was seeking to avoid being confined alone.

Meanwhile, Sibiya’s legal team is also challenging the timing of a separate SAPS disciplinary process arising from allegations ventilated during the Madlanga Commission of Inquiry.

SAPS had previously confirmed that Sibiya was served with notice of an expedited disciplinary hearing scheduled for 5 October while he was in the court cells.

His lawyer, Estelle Kilian, told the court that Sibiya was not ready to proceed with the disciplinary process and that the defence intended filing an urgent application seeking its postponement.

The latest postponement means Sibiya will remain in custody pending the resumption of his bail application on 7 October.

He has not pleaded to the criminal charges and remains presumed innocent unless and until proven guilty in court.

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