SAPS illegally names white man who was arrested but was not yet asked to plead to 'sexual assault' charges in Port Shepstone
PICTURE: "Hibiscus Coast Protection Services officer Dave Middleton arrives at the Port Shepstone Magistrate's Court for his bail application hearing.
19 September 2013 Sugan Naidoo - Thus far, he has not been asked to plead to any charges, but Hibiscus Coast Protection Services officer Dave Middleton was this morning denied bail at the Port Shepstone Magistrate's court. The officer, who faces 15 counts of sexual offences, will remain in custody until November 13 when the trial is expected to start.
DURING his bail application in the Port Shepstone Magistrate's court yesterday (Monday) Hibiscus Coast Protection Services officer Dave Middleton claimed that he was at the Hibiscus Mall when he received a tip-off that he was about to be arrested.
Mr Middleton, who faces charges including two counts of rape, various counts of sexual assault, two counts of sexual grooming of a child, display and exposure of child pornography and intimidation, tried to convince court that he is not a flight risk as he employs some 40 people in his private business and is concerned that he will be dismissed from the municipality. He added that he owns fixed property in Ramsgate. "Many people are relying on me for their salaries at the end of the month. If I am granted bail, I will adhere to the court's conditions," he said.
He stated that he was at the Hibiscus Mall with the complainant, for whom he was purchasing groceries, and one of his alleged victims when he heard that the complainant had laid a charge against him. He told the court that he had been supporting the family and could not come to terms with the accusations brought forward. "When I asked her what was going on, she said nothing would happen to me. She told me to take off my shirt and handed me her jacket before telling her mother to fetch me from the mall."
Later that afternoon he went to Durban to visit his daughter, who was ill, and grandchild, a visit he said he had previously arranged. "I never knew this was going to happen. I decided to stay in Durban and hand myself over to Margate police on Monday morning which I did, in the presence of my lawyer," he said.
He was charged by Lieutenant-Colonel Mandla Cele from Family Violence, Child Protection and Sexual Offences Unit (FCS) Port Shepstone. "I co-operated fully with the police. I handed over my cellphone and gave them permission to search my house," said Mr Middleton. His attorney, Larry Seethal, said his client was happy to live with his daughter in Durban and would commute to work daily. He added that Mr Middleton had no reason to interfere with any of the witnesses.
When the investigating officer Lt-Col Cele took the stand, he said that "the state had a different story regarding Mr Middelton's arrest.""We phoned his work and he was not in. We phoned his cellphone several times but failed to make contact with him. We then traced his cellphone to Hibiscus Mall. When we arrived in the parking lot, we identified his vehicle and blocked it in. When Mr Middleton saw the police officers, he walked to a nearby carwash with the complainant and the alleged victim. He took off his shirt and told the mother to put it on. He then took his alleged victim's jacket and put that on before phoning his wife and asking her to collect him," said Lt-Col Cele.
It was also heard that after he evaded arrest last Friday, Mr Middleton intimidated the alleged victim by calling her while she was in the presence of the investigating officer and the complainant. The officer said Mr Middelton should not be granted bail as the charges were schedule six offences and there were 15 charges levelled against him. "He is also a former military officer and due to this, he knows where the unmapped border crossings are," said Lt-Col Cele.
Magistrate Piet Coetzer has reserved judgment in the bail application matter to this Thursday, September 19.
Update: September 16, 5pm
HIBISCUS Coast Protection Services Superintendent Dave Middleton (58) appeared in the Port Shepstone Magistrate's Court today, Monday, September 16 for bail application.
The officer faces two counts of rape, various counts of sexual assault, two counts of sexual grooming of a child, display and exposure of child pornography and intimidation.
He was neatly dressed in a black suit for his court appearance and was accompanied by police officers from the Margate police station where he had been held since his arrest last Monday. His wife and two colleagues were present in the courtroom.
Mr Middleton, who has been employed at the municipality for 20 years and has numerous businesses on the South Coast, pleaded not guilty. The case was postponed for judgement on bail application until this Thursday, September 19. He remains in custody. He is being represented by Larry Seethal from Seethal Attorneys.
http://www.looklocal.co.za/looklocal/content/en/kzn-south-coast/kzn-south-coast-news-crime?oid=7775281&sn=Detail&pid=4196921&Update--No-bail-for-Middleton![]()
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