Phethe Sara Simiao, the Mozambican national who is accused of raping and murdering six-year-old Amantle Semane in Soweto in 2024, plans to sue the state, according to his legal counsel.
This follows the lawyers’ allegations that police officers and prison wardens severely assualted the accused.
“We consulted with him, and he indicated that he was assaulted by prison wardens at Johannesburg prison,” said Simiao’s lawyer, advocate Lindiwe Vilakazi.
“He [also] said the last time he came to court he could not stand up, until the paramedics came.”
Police officers allegedly assaulted the undocumented foreign national while holding him prior to his initial court appearance in 2024.
Vilakazi said after consulting with the accused, it was discovered that his injuries were bad.
“Everyone is presumed innocent until proven guilty; that is why we are in court today, but if someone takes the law into their own hands and assaults the accused, it is wrong.
“The rights of the accused are violated; he must be protected like anyone else,” Vilakazi said.
Docket not in court
Simiao, who had previously dropped his bail application, was expected to appear before the Protea magistrates court on Monday.
However, he only attended the case via audiovisual recording.
A few minutes after the state revealed that the docket was not in court, the brief appearance was adjourned.
Vilakazi expressed disappointment that the docket was not in court.
“If it happens again that the state does not present the docket, we will have no choice but to request the court to withdraw the matter.
“The state knew that the case was going to be before court today; they have all the resources to ensure that the docket is here. The accused is being prejudiced,” Vilakazi said.
The case has been postponed to February 24 and Simiao remains in jail.
Simiao was hunted down by Soweto residents after Amantle’s strangled, raped, and half-naked body was discovered in a shack that the accused rented.
He was later arrested and is facing charges of rape and murder. The state revealed in court in 2024 that Simiao was in the country illegally.
