A BAYVIEW pastor, previously convicted of sexual assault, has had his bail application denied as the court cites community safety concerns and lack of exceptional circumstances.
Convicted sex pest pastor Sitham Baram Michael Andrew Chetty, 54, who allegedly preyed on an 11-year-old from his congregation, appeared in the Chatsworth Magistrate’s Court today.
He has been charged with the rape and sexual assault of the boy.
It has been alleged that Chetty had molested the boy from September 2024, and groomed him by kissing and fondling him at his Bayview home. In February this year, he allegedly raped the boy.
Chetty was previously convicted of the sexual assault of another boy from his congregation.
He appealed to the court for his release in a fresh bid for bail two weeks ago.
Chief Magistrate Mazibuko Dlamini said in her bail ruling today that the court was of the view that no exceptional circumstances were shown by Chetty’s defence attorney, Priyanka Naicker.
It was, therefore, not in the interest of justice to release him on bail, she said.
“The applicant (Chetty) has become well-known since the date of his first court appearance. He was on national TV and in the newspapers. He is a public figure within the community and is easily identifiable. With regards to his alternative address, while it is outside of this court’s jurisdiction, it has become public knowledge.
“In the evidence of the arresting officer, she said that members of the community gathered and were baying for the applicant’s blood. She said the community indicated they wanted him released so they could kill him.
“There was no submission by the defence that speaks to the safety of the applicant in the Phoenix area, in light of the fact that he is a public figure and well known, or to suggest that the community of Phoenix is welcoming to the applicant, or that he will be safe in their area, or that it would not jeopardise the sense of peace in that particular area, in light of the allegations against the applicant,” she added.
Chief Magistrate Dlamini said Naicker argued that the delay in the investigations amounted to exceptional circumstances, but the court “begs to differ”.
She said there was no delay.
“This matter found itself for the first time in court on March 20. It is three months, nothing out of the ordinary. There is nothing compelling or exceptional about that. It is a normal process of investigation.”
Brandon Pillay, the chairperson of the Bayview Community Policing Forum (CPF), said: “As the community and CPF, we are thrilled that justice has prevailed in this matter today and Chetty was denied bail. It is a victory for the community for the victim. We are confident that he will be convicted after his trial.”
THE POST
