A Bloemfontein businessman and his son are walking free after a rape accusation against them was struck off the roll.

The 44-year-old man and his 26-year-old son reappeared in court on Wednesday (27/9) after both were released on bail of R10 000 and R5 000 respectively with strict conditions. The Free State National Prosecuting Authority's regional spokesperson, Phaladi Shuping, confirmed to OFM News that the case against both suspects was struck off the roll, allegedly owing to a lack of evidence.

Both suspects were charged with raping a minor. 

Before being granted bail in their previous appearance, Magistrate Maxhobandile Sontshi had said the state had failed to prove, in terms of the Criminal Procedure Act, that the suspects – the father and his son – pose a threat to the proper functioning of the justice system, pose a threat to witnesses, or could undermine the investigations into the matter.

Both suspects had denied raping the minor and told the court that they do not intend to plead guilty. They were facing a schedule 6 offence and the onus was upon them to prove that they deserved to be released on bail. The court heard that the state also had J88 medical evidence which shows injuries to the minor. The suspects were arrested on 8 August after the allegations of rape surfaced.

The minor alleged she was raped while she and her parents were visiting the suspects on 4 August 2023 in Bloemfontein.

OFM News/Kekeletso Mosebetsi