Pethe Simiao, the man accused of raping and murdering Amantle Samane, will be suing the state following his alleged assault by police and prison wardens last year. This was revealed to his defence lawyer after he appeared before the court virtually.

TO SUE THE STATE

Simiao’s defence advocate, Lindiwe Vilakazi, said that she received instruction from Simiao that he wants the state to be sued following his alleged assault by police and prison wardens. "We consulted with him, and he indicated that he was assaulted by prison wardens at Johannesburg prison. He also said the last time he came to court, he could not stand up until the paramedics came,” Vilakazi said. During his second appearance, Simiao came to court limping with a swollen hand and no other visible injuries. He claimed that he had been assaulted before his court appearance. Vilakazi said during a consultation with her client, she assessed the injuries, and they were gruesome. “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. Vilakazi also complained that the state is wasting her client’s time with all the postponements.

A TRAGIC DISCOVERY

After he claimed that he was assaulted, the magistrate presiding over the matter, David Mhago, ordered that the accused be kept in solitary confinement until his next court date. "The accused must be taken to hospital and thereafter be kept in solitary confinement," Mhago said at the time. Simiao was arrested in October 2024, after the lifeless body of six-year-old Amantle was found in his shack in Orlando, Soweto. The accused, who is undocumented, abandoned his bail in December and has been in custody since his arrest. The rape and murder trial has been postponed to 24 February 2025.