- Aleshan Moodley, a former Bryanston High School coach, has pleaded not guilty to charges of rape, sexual assault and common assault.
- Moodley was arrested in 2019 after a 17-year-old and her mother opened a criminal case against him.
- A magistrate is expected to make a ruling on his dismissal application in May.
The former Bryanston High School sports coach accused of rape and sexual assault has petitioned the Alexandra Magistrate's Court to have the charges against him dismissed, due to insufficient evidence.
On Monday, lawyers for Aleshan Moodley brought a 174 application in terms of the Criminal Procedure Act.
The Act states that charges may be dismissed if, among other reasons, the prosecutor has not offered material evidence at the trial.
Moodley's lawyer, Sita Kolbe SC, called into question the testimony of one of his alleged victims who, along with her mother, opened a case against Moodley.
Kolbe said that there was no tangible evidence or witnesses to back up the allegations made by the pupil.
She further told the court that, when Moodley did not make the pupil the captain of her netball team, her mother, who is listed as the complainant in the matter, took her and a friend to open a case against Moodley.
Kolbe also called into question the pupil’s character.
She said:
Three pupils at the school accused the coach of sexual assault, after which a 17-year-old victim and her mother opened a criminal case. The coach was dismissed from the school after a disciplinary panel found him guilty of sexual harassment and financial mismanagement. He was arrested in January 2019.
He has since pleaded not guilty to 12 counts of rape, sexual assault and common assault.
The matter was postponed to 4 May, when the magistrate is expected to make a ruling on Moodley's application.