IN THE DOCK: Sibiya wiped phones before arrest, court hears, as alleged victims oppose bail

The prosecution argued that the evidence against Shadrack Sibiya is compelling after revealing his phones were wiped, while his alleged victims of human trafficking urged the Randburg court to deny him bail.

Former deputy police commissioner Shadrack Sibiya wiped his cellphones clean shortly before his arrest, the Randburg Magistrates’ Court heard on Wednesday during his bail application –now in its third week.

The prosecutor, Velile Makasana, told the court, “At this point in time, the State is in possession – even though that was not mentioned in clear terms – of evidence that his cellphones were wiped off; they were cleaned before he was arrested.”

Sibiya, who has been in custody since 21 September, is seeking to be released on R20,000 bail. He is facing six charges, including the rape of an 18-year-old, the sexual grooming of a 16-year-old minor, human trafficking and the negligent handling of a firearm, all of which he has pleaded not guilty to.

While the defence argued that Sibiya is not a flight risk and suffers from chronic health conditions, the court was presented with harrowing statements from the young complainants opposing his release.

A statement from “ZM”, a 16-year-old complainant currently in witness protection, detailed her intense fear and daily anxiety over Sibiya’s background in law enforcement and alleged threats made to her family.

“Anxiety is what I feel every day ever since the case commenced. This is based on the knowledge that Mr Sibiya is a senior police officer and has made threats to my father,” ZM said in her affidavit. “His threats were because of the matter I reported to my father. This made me feel very unsafe, and I would not feel comfortable should Mr Sibiya get bail. I feel my entire family would be exposed to more danger, and I will blame myself as I am the one who reported the matter.

“I am very scared that if he is released on bail, he will do harm to my father or myself,” she added. “Any of such actions may destroy my entire life, both physically or psychologically. I am afraid of the accused's release.”

A second alleged victim, 18-year-old “MC”, described the severe emotional toll of the case, stating it had given her suicidal thoughts and the constant dread that she and her family would be tortured if Sibiya were released.

“I have also told Sgt Ndlovu that I think I wouldn’t wait for any future torture should he be released on bail because something worse than what he had done could happen,” MC stated. “He will therefore find me dead already, as I've already suffered enough.”

On Wednesday, Sibiya’s lawyers spent much of the day arguing for his release, submitting that he was not a flight risk, suffered from diabetes, hypertension and high cholesterol, and was his family’s breadwinner.

At the heart of the defence’s closing arguments, however, was that the State case against Sibiya is “very weak”.