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A 56-YEAR-OLD man who allegedly kidnapped his 23-year-old girlfriend and locked her inside a car for an extended period, wants the complainant to “stop harassing” him.
The woman was rescued on Christmas Day 2024 after neighbours heard her calling for help.
The accused, Ashwin Williams, was released on R2,000 bail after appearing in the Kimberley Magistrate’s Court last week on charges of assault with intent to cause grievous bodily harm (GBH) and kidnapping.
The incident occurred while Williams was out on R200 bail for a pending charge of assault GBH. The matter will proceed in the Kimberley Magistrate’s Court on January 20.
State prosecutor Freddy Paul opposed bail. He pointed out that this was not the first time that the 23-year-old complainant was allegedly assaulted by the accused.
“He allegedly assaulted her and bashed her head several times on the tiled floor. As a result, her face was swollen and she was not able to see. Following the assault, he locked her up in the car on Tuesday (December 24). She was saved by community members the following day when they went to look for her and found her inside the car,” said Paul.
Paul believed that although Williams did not have any previous convictions, it appeared as if he was “prone to violence” as the two alleged assaults were committed just three months apart.
The legal representative for Williams, Rick Ismail, denied that his client was in a relationship with the complainant.
He requested the State to inform the complainant not to “perform outside his client’s house” in Florianville and to stop contacting him.
Ismail added that his client was not married and had four children.
He also criticised the tardiness of the State after no substitute was found to stand in for the investigating officer to testify in the bail hearing.
Magistrate Maimane Booi stated that the offence was elevated to a Schedule 5 offence as the accused had a pending case of assault GBH and the complainant was deemed to be in a domestic relationship with the accused.
“The complainant obtained a protection order in terms of the Domestic Violence Act following the incident. If she had obtained the interdict prior to the assault, it would have been very different (as his release from custody would likely not be considered),” said Booi.
She was not convinced, due to a lack of evidence, that Williams had a tendency to commit violence.
“This is despite the fact that it was not the first incident in which the complainant was assaulted.”
Booi pointed out that the pending assault GBH case did not involve the same complainant.
She was mindful of the high prevalence of domestic violence throughout the district and the country.
“The complainant related that she was afraid of the accused but did not object to his release from custody.”
She believed that the charges against the accused were “very serious”.
“There was a possibility that the complainant could have suffocated while she was locked inside the car from Tuesday until Wednesday. The accused allegedly used his fists to hit her face as well as hit her head against the floor. If convicted, the accused can face a prison sentence, especially because it involves a domestic partner.”
Booi warned the accused not to communicate directly or indirectly with the complainant and instructed him not to visit Colville, where she resided.
She noted that the investigating officer was on leave and that the station commander had indicated that there was no one to assist with the bail application.
The matter was postponed until February 5 for further investigation.
National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said that the State had opposed the release of the accused from custody due to the serious nature of the alleged offences.
“Even though investigations are ongoing, we can confirm that the complainant was indeed locked in the car for a prolonged period of time. She suffered serious injuries,” said Senokoatsane.
Shaine Griqua from the Shaine Griqua Advice and Development Centre said they were offering counselling to the complainant.
“The allegations are serious and the law must take its course,” said Griqua.
He urged survivors of gender-based violence and those involved in abusive relationships not to withdraw criminal cases against their abusive partners.