Ngwenya was granted $100 000 bail at the High Court last
Friday under heavy protest from the prosecution.
However, his lawyer managed to convince Justice Pisirayi
Kwenda to grant him bail.
Ngwenya was ordered to surrender his passport, report to
police and continue to reside at his given address.
According to the State, it is not in dispute that Ngwenya
entered the girl’s room on the day in question and the girl reported what had
transpired to the maid.
The State also argued that there is overwhelming evidence
against Ngwenya, and he is likely to receive a lengthy custodial sentence.
“The prosecution is opposed to the relief sought. Ngwenya
himself does not dispute entering the complainant’s room, placing him at the
scene.
“There is a medical affidavit attached to the application
and evidence is shown that there is definite penetration.
“The fresh bruise on the fourchette is evidence enough to
show that there was forced penetration and the hymen is stretched.
“The sequence of the evidence clearly shows that there is a
nexus between the applicant and the offence. It is in the interest of justice
that bail should be denied,” argued the prosecution.
The State also feared that if released, Ngwenya would
interfere with witnesses, who include his uncle and maid, who stay at his
Waterfalls house.
The complainant has been removed from Ngwenya’s house to a
place of safety.
In his defence, Ngwenya, through his lawyer, argued that
there were grudges between him and the girl’s father.
He also argued that he was initially charged with
aggravated indecent assault before prosecutors preferred rape. However, this
does not really change anything because the two charges carry the same weight
as the sentence provision provided for is the same. H Metro
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