51-year-old man convicted for raping stepdaughter loses bid for bail pending appeal
· Citizen
A 51-year-old man serving a life sentence for raping and sexually assaulting his stepdaughter will remain behind bars after the KwaZulu-Natal (KZN) High Court in Durban dismissed his bail bid, pending appeal.
Visit tr-sport.bond for more information.
Sibongiseni Welcome Banana was found guilty in the Scottburgh Regional Court of one count of rape and two counts of sexual assault just over a year ago.
He received a life sentence for the rape conviction and an additional seven years’ imprisonment for sexual assault.
ALSO READ: Flaws in complainant’s version sees businessman cleared of rape and kidnapping after appeal win
Following the judgment, Banana lodged an appeal against both his conviction and sentence.
He also sought bail while awaiting the outcome of that appeal, but the regional court refused his application.
He then took the matter to the high court.
Defence raises concerns over trial process
In his appeal, Banana argued that the lower court had erred in refusing him bail.
His legal team claimed the trial court had improperly relied on the “corroboration” of witness evidence.
They further argued that the conviction was based on the testimony of a single child witness and that the magistrate failed to apply the necessary cautionary rule.
Banana also placed his personal circumstances before the court, stating that he is a 51-year-old businessman earning between R60 000 and R80 000 per month.
READ MORE: Behind closed doors: Where most rape cases are reported in SA
He further indicated he is a widower and the father of three children, including a 17-year-old daughter who depends on him financially.
According to the convicted rapist, these factors amounted to exceptional circumstances warranting his release.
State maintains conviction is sound
The state opposed the bail application, arguing that there was no reasonable prospect that another court would overturn the conviction or sentence.
Counsel for the prosecution maintained that the complainant’s evidence was credible and supported by other material before the court.
They also told the high court that the regional magistrate had correctly applied the cautionary rule in assessing the testimony.
The state further argued that Banana’s personal circumstances were not exceptional, as required under the Criminal Procedure Act, and said such factors were outweighed by the seriousness of the crimes, describing them as being of “extreme gravity”.
KZN High Court rejects bail appeal
Acting High Court Judge Sarah Pudifin-Jones agreed with the findings of the regional court, stating that the complainant’s evidence was clear and satisfactory.
“Conversely, the court found the appellant’s version that the complainant had fabricated the allegations against him was ‘not only so improbable that it cannot be reasonably possibly true but that it is false beyond doubt and his version is rejected’,” the judgment reads.
She also found that the magistrate had properly considered both mitigating factors and had correctly concluded that no compelling circumstances existed to justify a lesser sentence for Banana.
The judge further highlighted that Banana’s daughter remains in her mother’s care and that his business interests “do not elevate his case above the ordinary run of persons facing incarceration”.
“Upon an overall assessment, I am not satisfied that the decision of the Regional Magistrate in relation to bail pending appeal was wrong.
“The regional magistrate properly weighed the seriousness of the offences and the severity of the sentence against the appellant’s ordinary personal circumstances, and the lack of prospects of success of the appeal.
“The appellant failed to show the existence of any factors sufficiently out of the ordinary to be deemed exceptional.
“Consequently, there is no basis for this court to interfere with the judicial discretion exercised by the lower court.”
Banana’s application for bail was dismissed.
He will remain in custody while his appeal against conviction and sentence continues.
NOW READ: Case of husband who allegedly drugged, raped wife and shared non-consensual porn videos postponed