Tongue lashing for shocking treatment of would-be asylum seeker. Picture: Ekaterina Bolovtsova/Pexels
Getting your wife pregnant before being arrested is not an automatic ‘Get Out of Jail’ free card, a judge said in refusing an accused bail.
A judge sitting in the Limpopo High Court, in Polokwane, said: “It surely cannot be that our courts are seen to be sending an unintended message that all a would-be criminal has to do to ensure post-arrest release on bail is to ensure that he leaves a spouse expectant with child.”
Accused John Obinyeluba turned to the high court after the lower court had refused to give him bail. He told the judge that his bail appeal was based on a new fact – he had learnt only after his arrest that his wife was pregnant.
He said that he needed to be with his wife during her pregnancy.
Obinyeluba said that as a breadwinner for his family, his continued detention would impose economic hardships on his family in the form of bond repayment hiccups and school fee shortfalls for his offspring.
He is awaiting trial after his arrest on charges of corruption and dealing in drugs.
Acting Judge MS Monene said that looking at the grounds listed for appeal and listening to counsel, he was unable to find that the magistrate exercised his discretion wrongly in finding that the appellant had not adduced any new facts that militated for his admission to bail.
The judge said economic hardships being visited upon a person denied bail and/or upon his kith and kin were an expected consequence.
“They do not suddenly unexpectedly befall an accused person denied bail and, like in all matters where bail is denied, they do not arise nor are they discovered as a novelty after the denial of bail. This alleged new fact is just a non- starter.”
The judge added that Obinyeluba’s “gallant but ill-advised attempt at taking refuge behind the interests of his child” was not a reason to grant him bail.
“While the best interests of the child must be catered for and must weigh heavily on any court deciding a matter where children are involved, I do not, to put it bluntly, understand our law to be that bail should only be denied against those that have not sired or given birth to offspring,” Judge Monene said.
In a desperate attempt to be released, Obinyeluba said he was of ill health.
However, the judge remarked that the appellant’s ill-health “is shrouded in mystery as to what exactly it is, with the court not being taken into his confidence as to what it is other than it being referred to flippantly as chronic”.
“The pregnant wife ground for appeal, while perhaps a new discovery by the appellant post his being refused bail, can hardly be deemed to tip the scales in the interests of justice for the appellant’s admission to bail.”
Judge Monene said it was to be expected that spouses of persons lawfully in custody would be alone whether pregnant or not and that if pregnant, they could avail themselves to the support and care of not only medical practitioners but their available kith and kin.
Pretoria News
zelda.venter@inl.co.za
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