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Free after a week in jail: Mulaudzi is facing three counts of rape.

Embattled doctor “not a flight risk”

 

News  Date: 10 August 2012

 

Embattled Limpopo medical doctor Dr Justice Mulaudzi, who has been in the cells for almost a week, sighed with relief after being granted bail.

Mulaudzi (48) of Makwarela Extension 3, who stands accused of raping a neighbour three times last year, was  granted bail of R1 000 in the Thohoyandou Magistrate’s Court on Friday.

The rapes are alleged to have happened on three different occasions, in April, August and October 2011, involving a 33-year-old woman who belongs to the same church as Mulaudzi. In all instances, the doctor is accused of raping the woman while she was alone at her home.

Mulaudzi first applied for bail on Monday, 30 July, and his application, which took most of the day, was postponed to Friday 3 August. On Friday, Mulaudzi’s lawyer, Adv Anton Ramaano applied that he be released on bail as the charges he was facing would not stand up in court.

Ramaano said the time lapse between the alleged commission of the rapes and the ultimate opening of the case, a period of almost a year, made one doubt that it had ever happened. He also advanced that the victim had not bothered to see a doctor in all three instances, which also casts suspicion.

He said that it was also suspicious as to why the victim had not screamed while being raped in all of the cases. He also mentioned that even after all the alleged rapes, no animosity existed between the families.

He said Mulaudzi is not a flight risk as he had not skipped bail and had attended court for all the charges he faced before. He mentioned that in the Louis Trichardt case, bail had not been opposed and that the Malamulele case had been withdrawn. He applied that Mulaudzi be released on R20 000 bail.

The State, led by Adv Christopher Burke, called a witness, Col Mzamani Hobyani, who indicated that Mulaudzi could be a flight risk, based on the severity of the charges he is facing. He said Mulaudzi was facing many serious charges, which might make him decide otherwise and abscond if he was granted bail. Hobyani said Mulaudzi had a tendency of committing offences when out on bail and that he could still do so if granted bail.

Burke asked that Mulaudzi not be granted bail because no exceptional circumstances existed that warranted bail. He said the accused could not be trusted and it would not be in the interests of justice to grant him bail.

In his ruling, Magistrate Sam Phakula said the accused was facing serious charges, which were sometimes accompanied by dreadful diseases. He said it was surprising that the victim had bathed and chosen not to report the matter within the stipulated 72 hours.

He said that the victim had not sought medical attention in any of the cases. ''In the absence of all these, could the evidence be convincing? It leaves much to be desired,'' said Phakula. He indicated that the absence of these major factors cast some doubt on a successful prosecution. He also found no mention that the accused had at any stage interfered with state witnesses in any of his other cases.

He said even though the State and the Defence had agreed on R20 000 bail, after looking at the evidence, he found the amount to be too much. He granted Mulaudzi bail of R1 000, on condition that he should not interfere with witnesses and not commit a similar offence while out on bail.

The case was postponed to 5 September.

After the granting of bail, the State indicated its intention to ask for the cancellation of his R30 000 bail in the Makhuvha case.

 

Written by

Elmon Tshikhudo

Elmon Tshikhudo started off as a photographer. He developed an interest in writing and started submitting articles to local as well as national publications. He became part of the Limpopo Mirror family in 2005 and was a permanent part of the news team until 2019. He currently writes on a freelance basis, covering human rights issues, court news and entertainment.

 

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