Clock-watching judge sets rapist free.

[Dave A]

Is that the real problem though, or is the real problem bringing the criminals to justice?

Well, this certainly doesn't help. No wonder the cops are demotivated.

The judge in this story (from M&G) deserves to be struck from the roll...

Thirteen people -- among them two alleged rapists and an alleged robber -- were freed when a magistrate refused to work after 4pm, News24 reported on Wednesday.

It said Kimberley Magistrate K Padayachee scrapped 13 cases off the court roll on Monday and allowed the accused in custody to go free.

Padayachee ruled that the 13 alleged criminals be freed when they hadn't appeared before her in court by 4pm -- a transit court for first court appearances.

An alleged rapist, sought since 2000, was apparently one of those who walked free.

The others included a man accused of raping a 16-year-old girl, alleged stock thieves, an alleged robber and men accused of breaking into houses and cars.

The regional head of the Northern Cape justice department, Rodney Isaacs, confirmed on Tuesday he had heard of the incident.

"I'm aware of the cases scrapped from the roll. It is seen in a very serious light," he said.

"The matter has been reported to the senior prosecutor and the director of public prosecutions. It definitely also will be reported to the magistrates' commission."

A court source said Padayachee's roll had been full and she had to handle two rolls on Monday.

note: this post was moved from another thread as it raises an issue that deserves its own thread

[Dave A]

Our clock watching judge has this to say (from this story on IOL).

"I had to let them go. It would've been a human rights violation to keep them in custody for more than 48 hours, and at 4pm on Monday the 48 hours would have expired."

This was the word from Kimberley magistrate Kubashni Padayachee on Wednesday about her decision to scrap the cases of 11 suspected criminals from the roll, leading to their immediate release.

The men, of whom seven were in custody at the time, are still on the loose and include an alleged rapist who the police have been looking for since 2000.

----

She said she had not broken the law. "The accused also have rights and I should be fair and impartial.

"I am a hardworking person but I also take justice very seriously, as well as human rights. It's not like I released them. It's the prosecution and the police who released them."

Padayachee emphasised that until someone was proven guilty, they were innocent. "If they're guilty, police must re-arrest them."

----

"I also had to go to the post office because my husband died recently and there were things I had to post. There is also shopping to be done. At which point do I cut off? Should I sit there until midnight? Magistrates work very hard, very long hours and it's very stressful. I have to get up at 4am to prepare bail applications.

"I don't get paid overtime. Parliament said no bail applications may be approved after hours.

So I take it these (alleged) criminals were arrested on Saturday. Maybe the cops need to stop working on the weekends.

[Alan]

I rest my case....... For the hard working police officers out there and i do believe there are a few, something like this must be so demoralizing.
I wonder if this magistrate would have been so concerned with her shopping if the rapist that had been arrested had raped one of her family members.

[entoserv]

I hope this isn't used to remotivate the justice bill. This is exactly the kind of opportunity the gov. was waiting for.

[I Robot]

I hope this isn't used to remotivate the justice bill. This is exactly the kind of opportunity the gov. was waiting for.

Not a nice thought