Court hears of failures to protect 11-year-old rape victim from mob justice

THE Chatsworth Magistrate’s Court heard last week how authorities failed to find a safe house for an 11-year-old rape victim, his three-year-old sibling, and their mother, who were attacked by an angry mob in support of the alleged perpetrator.

This emerged during the five day long bail application of Pastor Sitham Baram Michael Andrew Chetty, 54, last week. Chetty was charged with the sexual assault and rape of the boy. Bail decision is expected next week.

Lieutenant Colonel Shenlatha Raghoonundan, the station commander of the Bayview SAPS, testified that the night before Chetty’s arrest, there was a protest.

She said one group supported the victim while some members from Chetty’s congregation had victimised the boy and his mother, accusing them of making false allegations.

She said after she had removed the boy, his mother and younger sister from the scene, she failed to find a place of safety for them.

“I was unsuccessful in finding a place for them that night. Some of the places of safety wanted to remove the boy and keep him away from his mother and sister. He had already been a victim and did not want to be taken away from his loved ones.

“Another facility had an outbreak of a contagious disease. I then called Brandon Pillay from the community and asked him for assistance in finding a place in the area,” she said.

Public outcry and mob justice

Raghoonundan told the court that she believed that Chetty would not be safe, if he was released on bail. She said the public was outraged at the allegations.

“The public wants him out on bail to take the law into their own hands. What we call mob justice. They want to take justice into their own hands. 

“I honestly am afraid for him to be walking on the streets. His face has been on national television and local newspapers. Everybody knows his face. I am afraid for him to walk the street because I cannot guarantee his safety.

“I am pleading to the court, in the interest of the public, justice and safety of the accused, for him to stay inside until the end of the trial,” she added.

She said there was great public interest in the case.

“Gender-based victims (GBV) and cases against children generally create interest no matter who it is. When the issue involves a minor, it strikes a sensitive cord in the public. The fact that he is a pastor, somebody they all trust, said to be a man of God, the interest is much greater than a normal person

“The public is very interested in the outcome of this case. GBV cases and crimes against children generally create interest, no matter who it is. The fact that he is a pastor, somebody they all trusted, and said to be a man of God, the interest is much greater than a normal person,” added Raghoonundan.

She said as a witness, she was intimidated in court by Chetty's brother.

“An incident occurred on Friday afternoon, where the brother of the accused sitting in the gallery had taken pictures of the proceedings and myself. It is considered to be intimidation considering I am a witness and the arresting officer in this matter.

“Should the applicant be released on bail, it would encourage those who support him to interfere with State witnesses. It is going to be out of control,” Raghoonundan said.

Modus operandi

In closing arguments from the State, prosecutor Dayantha Subrayadu said after perusing the docket from Chetty’s previous conviction and the new charges, there was a “clear modus operandi".

“Chetty strategically positioned himself in the lives of the families of the victims gaining their trust and the trust of their children. The second phase of this modus operandi is to suggest that the child come with him for the purposes of church services and preaching at church or Sunday school.

“Because he is in a position of trust, the family allows him to do so, and that is when he is able to isolate his victim he then attempts to test their boundaries and skilfully groom them before eventually sexually assaulting them.

“Both victims reached a point during the course of the sexual assault that they had enough and they are finally able to muster up the strength to confide in their family,” she added.

Subrayadu said in respect of the previous conviction, the charge was sexual assault, but in this case, the charges included rape. 

She said this brought the State to an inference that charges against Chetty had escalated since the last criminal matter, which was his previous conviction, which only included a charge of sexual assault.

Highlighting the public outrage, Subrayadu said it was clear that the public was outraged regarding the matter.

“Without us even having to leave the court building we are able to feel the outrage of the community. This tells the court there is no space in society for a sexual predator and we echo the sentiments of the community,” Subrayadu added.

She said should Chetty be released on bail there was a “high likelihood” that his life would be in danger.

THE POST