Streaming issues? Report here
John Maytham 2019 1500 BW John Maytham 2019 1500 BW
Afternoon Drive with John Maytham
15:00 - 18:00
volume_up
volume_mute

Up Next: The Money Show with Bruce Whitfield
See full line-up
Afternoon Drive with John Maytham
15:00 - 18:00
Home
arrow_forward
Local

Sharing Dros rape video and naming suspect is unlawful, warns legal expert

28 September 2018 4:44 PM
Tags:
Criminal Procedure Act
Ulrich Roux
dros rape
rape suspect
dros video

A criminal lawyer says naming the man and sharing the video is an obstruction of justice in terms of the Criminal Procedure Act.

Criminal law expert Ulrich Roux has urged South Africans to allow justice to take its course in the Dros restaurant rape case.

A 20-year-old man has been arrested in connection with the rape of a 7-year-old girl at a Dros restaurant in Pretoria last weekend.

Read more: Dros rape: Reflecting on media law and ethics

Many people have been naming the alleged suspect involved in the Dros rape case on social media.

Some have also been distributing a disturbing video which allegedly depicts the naked man after the incident.

Roux explains that naming the suspect and disseminating the video is unlawful in terms of the Criminal Procedure Act.

According to Roux, those sharing the footage and personal information could be charged with obstruction of justice.

He says a suspect needs to be proven guilty beyond a reasonable doubt by a competent court, not on social media or in the court of public opinion.

Also read: Dros rape: 'He was sitting near the kid's play area...he had his eye on her'

We cannot find him guilty based on a video that circulated on social media. Proper evidence must be led and he must be given the opportunity to defend himself and then an objective judge must evaluate all the evidence.

Ulrich Roux, criminal defence attorney

The people should be wary and should not be passing [the video] on.

Ulrich Roux, criminal defence attorney

In an instance where a person is accused of having committed a sexual offence, and there is a minor involved, then the name of the accused person as well as the victim cannot be made public until the person pleads either guilty or not guilty in an oath.

Ulrich Roux, criminal defence attorney

Yes. Whoever published that [personal information] has acted in an unlawful manner and they could very well be charged with obstruction of justice.

Ulrich Roux, criminal defence attorney

That video could very well be manipulated and altered... Mob justice can take place and the alleged perpetrator could be assaulted.

Ulrich Roux, criminal defence attorney

We cannot live in a society where mob justice and so-called kangaroo court take preference.

Ulrich Roux, criminal defence attorney

The NPA and the police are the police are there to investigate alleged crimes and to prosecute. We should leave it up to them to do that.

Ulrich Roux, criminal defence attorney

We cannot find people guilty on social media and in the court of public opinion and, in so doing, possibly prejudice the State and the police in trying to prove their cases when there has been an offence such as this.

Ulrich Roux, criminal defence attorney

VIDEO: EWN reports on the latest

Listen to the discussion on The John Maytham Show:


28 September 2018 4:44 PM
Tags:
Criminal Procedure Act
Ulrich Roux
dros rape
rape suspect
dros video

More from Local

VACCINE WRAP | J&J jab suspended, online vaccine registrations open for elderly

16 April 2021 3:06 PM

CapeTalk gives you a round-up of the latest vaccine news every week.

Share this:
Read More arrow_forward

Health Dept launches vaccine self-registration system for people over 60

16 April 2021 2:13 PM

If you're over 60, you can register for the Covid-19 vaccine on the government's EVDS platform. It goes live from 4pm on Friday afternoon.

Share this:
Read More arrow_forward

Western Cape authorities on high alert after bird flu detected in Gauteng

16 April 2021 12:10 PM

The Western Cape Department of Agriculture says it remains vigilant after the reports of a bird flu outbreak in Gauteng.

Share this:
Read More arrow_forward

Limpopo principal under fire over apparent failure to intervene in bullying case

16 April 2021 11:14 AM

The principal at Mbilwi Secondary School in Limpopo has come under fire for apparently failing to take action after reports of bullying at the school.

Share this:
Read More arrow_forward

The smarter way to invest in crypto – Revix

16 April 2021 8:00 AM

Is there a way to take some of the risks out of investing in cryptos? Yes, by building a balanced portfolio that helps spread some of the risks.

Share this:
Read More arrow_forward

How to prevent being ghosted by a potential client and seal that deal

15 April 2021 8:56 PM

Entrepreneur Pavlo Phitidis shares valuable tips on making your business stand out from the competition.

Share this:
Read More arrow_forward

'Seven in ten South Africans spend all their income or more every single month'

15 April 2021 8:10 PM

The latest Deloitte consumer survey shows we are more worried about our finances than Covid, says Mike Vincent (senior partner).

Share this:
Read More arrow_forward

Parking marshals could return to Cape Town CBD by June

15 April 2021 6:39 PM

Motorists have not had to pay for parking in the CBD since the service provider's contract expired in June last year.

Share this:
Read More arrow_forward

Relief for motorists as AA predicts a decrease in fuel price next month

15 April 2021 4:47 PM

Current data indicates the prospect of a 32 cents a litre drop in the price of diesel and 27 cents less for illuminating paraffin.

Share this:
Read More arrow_forward

ConCourt declares apartheid era marriages law unconstitutional

15 April 2021 3:50 PM

The Black Administration Act is said to have been discriminatory towards black women married prior to 1988.

Share this:
Read More arrow_forward