'Release Sameemah on bail'

THE woman accused of kidnapping 9-day-old baby Mogamat Imaad Sharmar is not a flight risk and should be granted bail with house arrest and weekly reporting to police.

This was the argument of kidnap-accused Sameemah Jacobs’s Legal Aid lawyer, Asangezwa Mafuya, as the 37-year-old appeared in the Bellville Magitsrate's Court yesterday for the continuation of her bail application. 

Jacobs faces charges of kidnapping and defeating the ends of justice following her arrest just two days after the disappearance of baby Imaad.

The baby was allegedly taken from his mother, Imaan Sharmar (also known as Britney Brandt), on June 28 at Middestad Mall in Bellville.

During the bail application yesterday, Magistrate  Ndaleni raised the issue of whether keeping Jacobs in custody might infringe on the rights of her own child, referencing Section 28 of the Constitution, which protects the best interests of children.

“She is a first-time offender. Has it been proven that the accused would endanger the public?” the magistrate asked.

However, Sergeant Dawid Fortuin of the Serious and Violent Crimes Kidnapping Unit testified that Jacobs’s actions were calculated and posed a risk to society.

He presented new evidence, including a petition compiled by Faith and Hope Missing Persons founder Veranique “Benji” Williams, which argued against Jacobs’s release.

Sharmar voiced her fears following the day’s testimony, saying: “Listening to what was all said, I am starting to realise that there is a very strong possibility that the court is leaning towards the accused’s side more.

“It’s making me feel very unsafe again because, honestly, she knows where I live. She knows where my daughter goes to crèche, so she could go with anyone to her school, because she disguised herself before, and say I sent her. 

“Or she could come to my house as someone else. Her possible release is pushing up all these emotions. I don’t even feel like leaving my house when I have places to be.”

Mafuya argued that his client was not a flight risk, adding that she owns a home and vehicle.

But Fortuin further alleged that Jacobs had used three different identities to mislead the victim.

The matter was postponed to July 23 for the defence to complete the affidavit and for further bail arguments to be heard.