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Imam sex case…Lawyers to challenge charges in High Court

Apr 18, 2012 News

 

Lawyers representing the embattled Muslim cleric who is before the court on sexual molestation charges are preparing to file a motion in the High Court challenging the charges.
Yesterday, the Imam, Neezam Ali, made yet another appearance at the Sparendaam Magistrate’s Court. He is currently on bail, having been charged with five counts of sexual penetration of two boys below the age of 12. The acts were allegedly committed while he was in a position of trust, being a religious teacher, and knew or could be reasonably expected to have known of the trust in relation to the boys.
The request by one of the man’s lawyers for the matter to be put down was granted and the accused will return to court on April 24.
The lawyer, Vic Puran, told this publication that he will be moving to the High Court to challenge the constitutionality of the Sexual Offences Act. He explained that a person is not permitted to lead a defence at a Preliminary Inquiry under the Act, and added that the charge is in breach of the Fair Trial Principle under the Constitution.
According to Puran, the motion was not filed in the High Court as yet because the case docket for the matter was not readily available to them.
Initially, the Imam, who headed the Turkeyen Masjid, was charged with sexual penetration of three boys all below the age of 12. He was remanded, but subsequently granted bail.
In early January, the matter was made public after an anonymous tip was given to the Child Protection Agency. Charges were later instituted.

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