Two young men charged with raping and trying to brutally murder a woman were released from police custody on warning after their bail hearing in the Grahamstown Magistrate's Court this week.
Two young men charged with raping and trying to brutally murder a woman were released from police custody on warning after their bail hearing in the Grahamstown Magistrate's Court this week.
This was despite a petition from Fingo Village residents urging the magistrate not to grant bail.
The men, Fingo Village residents aged 19 and 20, were arrested last week, while the woman in her mid-20s is reported to be in a serious condition in Livingstone Hospital in Port Elizabeth.
Investigating officer John Manzana told the court he couldn't oppose the bail application because there was not enough evidence against the men.
Explaining why the two men were suspects in the case Manzana said the circumstantial evidence in his docket indicated that both of them were seen walking with the victim and entered the place where the victim was later found.
Manzana said the investigation was not yet complete because besides outstanding statements from other witnesses, the victim is still unconscious as a result of the attack and cannot give a statement. There is also the possibility of a DNA test.
State prosecutor Asanda Koliti said the state had provisionally withdrawn the rape charge because they had not received confirmation that the woman had indeed been raped.
The men now face attempted murder charges and possible counts of assault with intent to cause grievous bodily harm.
The accused didn't testify during the bail application, but submitted written affidavits as evidence through their legal aid attorney.
They said before their arrests on 19 January they had been employed as car guards.
Manzana confirmed that neither had previous convictions, arrest warrants or pending cases against them.
Both indicated that they intended to plead not guilty.
Magistrate Deon Kotze emphasised that the men adhere to the two bail conditions suggested by Manzana.
They were ordered not to communicate with the witnesses and to report to the police station on stipulated days once a week, starting after the bail hearing.
Should they fail to adhere to these conditions they risk being brought back to custody, Kotze said.
The case was postponed to 25 March for further investigations.
