Former Harvester Primary School teacher granted R5 000 bail after explicit footage allegation

The former Harvester Primary School teacher accused of sending explicit footage to a Grade 7 learner was released on bail of R5 000 on Friday, with the court imposing conditions on her release.

The 35-year-old accused appeared in the Mitchells Plain Magistrates Court facing charges of sexual grooming of a child and exposing a child to explicit material.

The court heard arguments from the State and the teacher's lawyer in her bail application.

The State previously heard a testimony from the investigating officer in the matter, Warrant Officer Roland Peters on behalf of the State, saying the teacher had her eyes on the minor for a while and wanted to “do things to him".

They argued that they have a prima facie case, to which the accused needs to answer after the evidence was heard by Peters.

The State raised concerns of the safety of the minor and added that the accused continued to work with children after the matter was reported.

However, the accused’s lawyer argued that the State failed to hand in a certificate from the Director of Public Prosecutions (DPP) to confirm that she faces a Schedule 5 offence.

They further argued that the State failed to answer questions by the court and when Peters took the stand on the first occasion that he failed to give reasonable proof that the teacher would harm the public if released on bail.

The defence said: “There is no likelihood that she would evade her trial or intimidate witnesses. The [accused] cooperated with police when she was arrested and gave her phone in during her arrest. There is no evidence that the accused would commit more offences on children, there is no evidence that she would further commit Schedule 1 offences.”

The magistrate said during her judgment that it was concerning that the accused used the school as a hunting ground for grooming and sexual exploitation and how the principal handled the matter.

The magistrate said: “It’s disgusting and makes no sense why one would do that to a learner. His space was evaded and innocence ruined; this is a very serious offence.”

She further stated it is important to note while the community was opposing her bail, that “bail is not a peremptory punishment”.

However, she found that there was no ground that there is a likelihood that the accused could commit more offences and found that the State failed to discharge their duty.

The magistrate said: “The state’s fears are based on possibility not likelihood.”

The court granted the accused bail of R5 000 with the condition that she does not enter Mitchell's Plain unless it is to come to court, cannot directly and indirectly contact the victim and cannot be in a setting where there are children.

The case was postponed to October 16 for further investigation.

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