Extensive publicity on an alleged gang rape at the University of Pretoria led to sharp exchanges in the city’s regional court on Thursday.
Prosecutor Brandon Lawrence accused defence counsel Deon Cloete of breaching the sub judice rule by ”leaking” information about the merits of the case to the media.
”This hampered our investigation,” he said
Cloete contended the police or the prosecution were the first to give out details about the case.
”The state was the one that turned this incident into a media circus,” he said.
The two camps were arguing about the conditions of bail, which were granted to the four accused earlier in the morning.
The former and three current University of Pretoria students were arrested last week in connection with the alleged rape of an 18-year-old matric girl.
Bail was set at R10 000 for three of the men and R5 000 for the fourth one. The state did not oppose the application.
Lawrence argued the bail conditions should include an order prohibiting the accused men from speaking directly or indirectly to the media.
”The victim has a right to dignity and to having her case investigated properly,” he told the court.
Cloete said the proposed gagging of the accused was too wide. The court should, instead, opt for properly enforcing the sub judice rule against any party pre-empting evidence.
Cloete gave his clients’ version of the alleged events in newspapers on Sunday. He acts on behalf of two of the accused, both grandsons of a former Cabinet minister.
Defending his actions, Cloete said he initially refrained from giving any comment on the matter. He changed this stance upon learning that the first newspaper reports were based on information provided by the police.
The court’s ruling on this issue was expected in the afternoon.
Other bail conditions, already agreed on, included that the accused report daily between Monday and Friday to a police station.
They are not allowed near Hatfield Plaza and surrounding pubs or clubs.
The university campus is also out of bounds for the students unless they are given permission by the investigating officer to go there. — Sapa