On Tuesday last, the embattled Imam, Nizam Ali, who has been charged with the sexual penetration of five minors made yet another court appearance. 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.
During his appearance on Tuesday the matter was put down until a motion in the High Court is heard.
Meanwhile, this publication was told that the two lawyers representing the accused, Latchmie Rahamat and Vic Puran, yesterday filed a motion in the High Court challenging the Sexual Offences Act.
Puran explained that a person is not permitted to lead a defence at a Preliminary Inquiry under the Sexual Offences Act. He further submitted 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 was heading the Turkeyen Masjid was charged with sexual penetration of three boys all below the age of 12. He was remanded but was subsequently granted bail.
In Early January the matter was made public after an anonymous tip was given to the Child Protection Agency. The tip was investigated and it was subsequently proven that three brothers all under the age of 12 were sexually penetrated.
After weeks of no charges being laid against the Imam the Director of Public Prosecution Shalimar Hack distanced herself from the matter after rumours surfaced of her interference. Eventually the charges were instituted and the Imam was remanded to prison on his first appearance.