Constitutional Court upholds bail for alleged sexual offender Iain Wares

Alleged paedophile Iain Wares has won his legal bid to remain out on bail while his extradition to the United Kingdom hangs in the balance.

The Constitutional Court on Tuesday upheld a Western Cape High Court ruling that dismissed an application to declare his bail extension unlawful.

LEGAL BACKGROUND
Wares was arrested in 2019 in connection with crimes allegedly committed in Scotland. After a court found him liable for extradition and subsequently extended his bail, the State approached the High Court to reverse that decision. That application was unsuccessful.

As a result of the latest ruling, Wares will remain at liberty while awaiting proceedings that will determine whether he will be extradited to Scotland to stand trial for alleged sexual crimes.

THE CONSTITUTIONAL ARGUMENT
The State first challenged the bail extension in 2020. However, the High Court dismissed the bid after Wares argued that denying him bail would unjustifiably limit his right to freedom.

The Constitutional Court agreed with this assessment noting the following:

Arbitrary Deprivation: Imprisonment would constitute an arbitrary deprivation of rights when less restrictive measures are available to secure extradition.

Mandatory Detention: The court found that mandatory detention undermines both the right to freedom and the right to bail.

LOCAL CHARGES
In addition to the international proceedings, the 86-year-old is currently on trial in the Wynberg Magistrates' Court. He faces charges for allegedly sexually abusing a former pupil during his tenure as a teacher at Rondebosch Boys’ Preparatory School in 1988.

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