Watch: Family and friends rejoice as accused baby snatcher granted R4,000 bail
Image: Genevieve Serra
Accused baby snatcher, Sameemah Jacobs, has been granted R4,000 bail by the Bellvillle Magistrate's Court.
The verdict on Monday morning left baby Mogamat Imaad Sharmar's mother, Imaan Sharmar, in tears as she was consoled by her aunt, Jennifer Hendricks.
Jacobs waved to her family in the public gallery after hearing the news that she would be seeing her three children, the youngest a minor aged seven years, for the first time since her arrest on June 30.
Accused bay kidnapper Samemah Jacobs leaving the Bellville Magistrate's Court after she was granted bail.
Image: Genevieve Serra
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She wept, wiping her tears from underneath her pardah as Magistrate Gcobani Ndaleni read his findings.
Gcobani's judgment hinged on the fact that Jacobs was a first time offender and that she had minor children.
He said the interest of Jacobs's children had to be taken into consideration as they were currently in the care of Jacobs's friend while her mother was in hospital.
He added that Jacobs did not have a history of clashing with the law and that she would not evade her trial or influence witnesses or interfere with the case.
He granted bail on strict conditions, including that she is not allowed to be in the Mitchells Plain or Strandfontein community, and is not to make contact with witnesses.
"The release of an accused out on bail is not the question of guilt, that is for the trial to question," he said while quoting various case laws.
He also summarised the testimony of Sergeant Dawid Fortuin of the Serious and Violent Crimes Kidnapping Unit, in which he emphasised that Jacobs had suffered an ectopic pregnancy and a miscarriage and delved into the State's reasons for bail not to be granted.
He added that via her lawyer, Jacobs said he was the primary caregiver for her children and that she was diagnosed with bipolar disorder.
He said while he sympathised with the family, the State did not provide exceptional circumstances to not allow her bail.
Inside court, Imaan Sharmar wept and was too emotional to speak with the media.
She had to be led away by relatives.
State prosecutor, Salaahuddeen Simon, said the State was still awaiting the return of vital evidence and asked for a postponement until October 15 for further investigation.
Jacobs's family said they were happy she was released, but did not comment further.
Outside court, Veranique "Benji" Williams of Faith and Hope Missing persons organisation, said: "What message is the courts sending out that everyone can kidnap a baby? What about the victims and the trauma that they will be suffering now that she is outside?"
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