The State has raised concerns about possible witness intimidation as the bail application of suspended Gauteng police deputy commissioner Shadrack Sibiya continued at the Randburg Magistrates’ Court on Thursday.
Sibiya is facing charges including rape, sexual grooming of a child, promotion of sexual grooming and human trafficking. A further firearm-related charge has also been added to the case.
During proceedings, the State argued that some of the complainants may have felt intimidated because of Sibiya’s senior position within the police.
The court also heard further evidence relating to communication between Sibiya and a 16-year-old complainant. A police witness presented WhatsApp exchanges which the State says form part of its case against the suspended officer.
The defence has disputed the State’s version of events and maintains that Sibiya intends to plead not guilty to the charges.
Earlier in the proceedings, the State also questioned Sibiya’s legal team about correspondence sent to the National Director of Public Prosecutions before his arrest.
Advocate Rishaad Moosa, who represented Sibiya in the correspondence under scrutiny, rejected the suggestion that the defence had been attempting to help Sibiya avoid arrest. He told the court that the communication was intended to demonstrate his client’s willingness to cooperate and to prevent a public spectacle around his arrest.
The State has also raised concerns about the possibility of Sibiya interfering with witnesses if released on bail and has placed the issue of his alleged connections and influence before the court.
The defence, however, has argued that Sibiya did not attempt to flee despite allegedly becoming aware that authorities were investigating complaints against him before his arrest on September 21.
The court has also heard arguments around the circumstances surrounding the additional firearm charge. Sibiya’s legal team has questioned the timing of the charge and argued that it was introduced as part of what it described as a fishing expedition.
The bail application is being heard under the Schedule 6 provisions, placing a higher burden on Sibiya to demonstrate why he should be released from custody.
The proceedings were briefly interrupted earlier in the day because of technical problems with the courtroom recording equipment. The magistrate subsequently dealt with other bail matters while the problem was being addressed.
Sibiya’s disciplinary proceedings have also become a consideration in the bail application. He has been served with notices relating to an expedited disciplinary hearing, but the arrangements could depend on whether he is granted bail.
The matter is back in court on Friday.