Former top cop Shadrack Sibiya allegedly threatened Mr M, the father of a 16-year-old girl he is accused of grooming, saying he had already dealt with the Madlanga Commission and 121 dockets, saying Mr M’s case against him would leave his career and family “destroyed”.
The State is opposing Sibiya's bail application, arguing that he could flee South Africa, intimidate witnesses or interfere with evidence if released.
Sibiya is appearing at the Randburg Magistrate’s Court as his bail application enters its third week.
Prosecutor Velile Makhasana is continuing to outline the State’s arguments against his release.
Makhasana argued that the alleged threats demonstrated resentment towards Mr M and raised concerns about the safety of witnesses.
Sibiya has denied the allegations against him.
The charges include the rape of an 18-year-old woman at a Sandton hotel on May 15.
The State alleges the woman was given alcohol and lost consciousness.
He is also accused of sexually grooming a 16-year-old girl through WhatsApp between July and August, and of possessing and distributing sexually explicit images of the teenager.
In a separate allegation, the State claims that Sibiya trafficked three people for sexual exploitation.
State cites alleged threats against complainant’s father
Makhasana told the court that evidence presented in court, which he said had not been disputed, showed that the alleged threatening words were spoken by Sibiya to Mr M in the presence of the investigating officer, Sergeant Nokukhanya Ndlovu.
He argued that the circumstances surrounding the alleged threats were clear and there was direct evidence linking Sibiya to the statements.
On Tuesday, Makhasana read Mr M’s affidavit into the record, detailing how he reported his daughter’s case to the police and allegedly received threatening calls from Sibiya.
Mr M said he reported the allegations involving his daughter to police in August.
Officers initially told him that a file would be opened to investigate the matter.
Ndlovu later asked him to meet her at Sandton Police Station to convert the inquiry into a formal case.
While at the station, Mr M received a call from Sibiya, who allegedly demanded to know what he was doing with Ndlovu.
Mr M said he was shocked and frightened because he knew Sibiya’s capabilities and influence.
He put the call on speaker so the investigating officer could hear the conversation.
According to his affidavit, Sibiya told him he was an easy person to deal with and that it would take only a short time to deal with him.
Mr M alleged that this was not the first time Sibiya had threatened him.
He told the court that, when he previously confronted Sibiya about his daughter’s allegations, the former police general became angry and reminded him that he knew him and his family.
“He has told me that he could harm or wipe out my entire family,” Mr M said, according to the affidavit read in court.
The alleged threats had remained in his memory and continued to fuel his fear for his life and that of his family.
He asked police to investigate the threats.
State argues Sibiya showed resentment
Makhasana also addressed whether Sibiya harboured resentment towards Mr M, arguing that the alleged threats and his reported reaction following his arrest pointed to hostility.
The prosecutor said Sibiya is a close associate of Mr M, making the alleged threats particularly concerning.
Makhasana referred to a statement indicating that, following his arrest, Sibiya was angry and said he had dealt with the Madlanga Commission, stating: “"I have dealt with the commission, I have dealt with the 121 documents, and I thought I won.
“Then here comes Mr. M, with all this, now my career, my family is destroyed.”
“Clearly this shows resentment by the applicant against Mr M,” Makhasana submitted.
The 121 dockets have featured in testimony before the Madlanga Commission, where Sibiya has been implicated in allegations of interference with police operations.
The allegations include the irregular removal and retention of active case dockets from KwaZulu-Natal’s Political Killings Task Team.
Separate testimony before the commission has also implicated Sibiya in allegations of corruption and interference with police operations, including claims that he received impalas from alleged crime boss Vusimuzi “Cat” Matlala.
State warns of flight risk and possible witness interference
Makhasana argued that Sibiya could evade trial if released on bail, pointing to the difficulty of securing the return of an accused person who flees to a country without an extradition treaty with South Africa.
He acknowledged that the State could not identify specific countries to which Sibiya might flee but argued that the possibility should still be considered.
The lengthy prison sentences Sibiya faces if convicted could also provide an incentive to flee.
The prosecutor also argued that Sibiya could attempt to intimidate witnesses or conceal or destroy evidence, given his alleged familiarity with the complainants and the evidence they could present against him.
Makhasana said Mr M and his daughter, identified in court as ZM, were known to Sibiya.
He also questioned Sibiya’s reported claim that he did not know other witnesses.
The prosecutor referred to evidence that Sibiya and the 18-year-old rape complainant, identified as MC, had known each other and communicated after the alleged incident.
Makhasana argued that their communication suggested they may have exchanged contact details and that Sibiya could have known where she lived.
IOL News