Top cop Shadrack Sibiya says sex with 18-year-old was ‘consensual’

Suspended Deputy National Police Commissioner Lieutenant-General Shadrack Sibiya has denied raping an 18-year-old woman, telling the Randburg Magistrate’s Court that the two had consensual sex.

Sibiya made the claim in his bail affidavit on Tuesday as he fought to be released on R20 000 bail.

His counsel, Advocate Estelle Killian, read his version into the record as the senior police officer challenged the rape, trafficking and sexual grooming charges against him.

The State is opposing bail.

The court postponed proceedings to Thursday, 1 October, meaning Sibiya will return to Kgosi Mampuru II Correctional Centre and remain behind bars until the hearing resumes.

Sibiya denies rape allegation

The State alleges that Sibiya raped the 18-year-old woman after she became heavily intoxicated during an outing in Sandton in May.

Sibiya disputes that version.

In his bail affidavit, he admitted that sexual intercourse took place but maintained that it was consensual. He also told the court that he and the woman remained in contact after the alleged encounter.

The allegation forms one of five charges against Sibiya.

He also faces trafficking in persons, promoting the sexual grooming of a child and two counts of sexually grooming a child.

Sibiya has not yet pleaded, but told the court that he intends to plead not guilty and prove his innocence.

State alleges woman was intoxicated

According to the State’s case, the woman was among a group taken to an entertainment venue in Sandton before they later went to a hotel.

Prosecutors allege Sibiya supplied alcohol and that the complainant became heavily intoxicated before the alleged rape.

The State previously said the rape allegation relates to an adult complainant and forms part of a broader case involving alleged sexual grooming of a 16-year-old girl and trafficking allegations involving three people.

Sibiya denies committing any of the offences.

“I deny that I committed any of the offences formulated in the charge sheet,” his affidavit states.

Sibiya attacks charges as ‘false and trumped-up’

Sibiya used his bail application to mount a broader attack on the criminal case against him.

He described his arrest as a “well-orchestrated, diabolical plan” based on what he called “false and trumped-up allegations”.

He also said the charges contained duplications and grouped the three grooming-related charges together when setting out his defence. Pasted text

The suspended police general said he intends to plead not guilty.

“It is my intention to plead not guilty to the charges which the State may prefer against me,” Killian read from the affidavit.

Sibiya puts Mr M at centre of grooming defence

Sibiya also gave his version of events involving the father of the 16-year-old complainant, referred to in court as Mr M.

According to Sibiya, Mr M asked him to collect his daughter from Centurion and supplied her contact details.

He said he collected the teenager and another passenger before taking them to a braai.

Sibiya claimed that about a week later, Mr M visited his home and showed him an explicit video involving his daughter, which he allegedly received from an undisclosed source.

“Mr M told me, in the same breath, that ZM had a crush on me,” the affidavit states.

Sibiya claimed Mr M then called his daughter in his presence and that she confirmed the alleged crush.

NPA raises intimidation concerns

National Prosecuting Authority spokesperson Kaizer Kganyago previously said the State would oppose Sibiya’s release because of concerns around the safety of witnesses and a possible escape.

“There is intimidation, there are threats,” Kganyago said following Sibiya’s first appearance.

He said investigators were probing a voice note containing alleged threats and alleged that people other than Sibiya may have been involved.

“There is a cabal of people who are working with him. It is not only the accused,” Kganyago said.

Sibiya strongly denies interfering with witnesses.

He undertook not to contact State witnesses if released and said any allegations that he instructed others to influence them would be “vehemently denied and challenged”.

State asks for more time

Tuesday’s hearing also examined the circumstances surrounding Sibiya’s arrest and the search of his property.

His defence questioned a State witness about whether Sibiya had cooperated with officers during the operation.

The State then asked for additional time to consider the material placed before court and consult further before the bail hearing continues.

Sibiya’s case falls under Schedule 6 of the Criminal Procedure Act, meaning he must show exceptional circumstances that justify his release in the interests of justice.

He will return to Kgosi Mampuru II Correctional Centre until proceedings resume on Thursday.