Rape and indecent assault charges against three University of Pretoria (Tuks) students and a former student were withdrawn in the Pretoria Regional Court on Tuesday due to insufficient evidence.
”Should any further evidence become available, the decision can be reconsidered,” provincial director of public prosecutions Mokotedi Mpshe said in a written statement given to media at the court.
Two of the accused are the grandsons of former foreign affairs minister Pik Botha.
Botha, who contacted Sapa after the announcement, said his family had decided to say as little as possible.
”But from my side, in a career of many highs and lows I have never, ever seen anything so sorrowful,” he said in reference to the case being made, the ”trial by media”, and then the withdrawing of charges.
”The depth of our family’s pain, agony and torture cannot be measured … At no stage have I had any doubt about their innocence,” he said.
”This whole matter has very serious implications but I would not wish to elaborate on that at this stage.”
Mpshe said the university’s rector would be asked to continue the institution’s disciplinary inquiry into the alleged incident.
Three of the students stood accused of gang-raping an 18-year-old matric scholar in a room in the Maroela men’s residence at Tuks. The fourth was accused of photographing her during the rape.
She accepted their offer of help when they found her stranded outside a nightclub in Hatfield on September 4 last year.
The mother of Botha’s two grandsons said while this had been an upsetting time for their family, she had always believed her sons were not guilty.
It had just been a matter of time before the charges were withdrawn, said one of the students, while others expressed their gratitude and relief. The toughest part had been spending a week in jail, they said.
They and their families were so excited when magistrate J Wessels formally withdrew all charges that she had to order them to keep quiet and behave.
Mpshe said investigations were continuing into the ”apparent untoward interference” in the case.
Also under way were investigations requested into the possible prosecution of the media on charges of contraventions of the relevant provisions of the Criminal Procedure Act, and investigations into certain acts amounting to contempt of court or attempts to defeat the ends of justice committed by private people acting or appearing to act on behalf of the accused.
During a previous hearing, Wessels warned that the case should be heard in court and not in the media, but refused to stop the four providing the media with information and comment.
She pointed out that, under the sub judice rule, it was a punishable offence to publish information identifying an accused in a case of a sexual nature before the accused had pleaded.
Mpshe said the possibility of a court operating from within the Hatfield area was being investigated ”as a matter of urgency” after many meetings with representatives of the university, Tshwane city council, Tshwane metro police, the South African Police Service, the Justice Department, the magistracy and other role-players.
”It is hoped that this court will be operative within the near future,” he said. — Sapa