The defence for suspended Deputy National Police Commissioner Shadrack Sibiya has argued that the 16-year-old girl accusing him of sexual grooming sent him explicit videos voluntarily and without being asked.
The argument was made on the third day of Sibiya's bail application at the Randburg Magistrates' Court north of Johannesburg.
Sibiya faces several charges, including rape, human trafficking, the alleged sexual grooming of a 16-year-old girl and contravening the Firearms Control Act.
His attorney, Amanda Nel, questioned the circumstances surrounding the videos allegedly sent by the complainant, referred to as ZM in court proceedings.
Nel argued that the evidence before the court did not indicate that Sibiya had requested the material.
“ZM, the complainant, sent the applicant a video of herself. Do you see it? Yes, I do. So, she initiated it and volunteered it. I don't see anything preceding this that indicates the applicant asked for it,” Nel told the court.
She also referred to evidence contained in a 51-minute telephone call as part of the defence's argument.
The bail application is continuing, with the court hearing arguments from both the prosecution and defence.