Shocking twist in Brickz rape case

2013-11-24 10:00

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Kwaito star Brickz’s lawyer intends to apply for a section 205 subpoena to retrieve his rape accuser’s cellphone records.

City Press has learnt that lawyer Isaac Mokgobi decided to seek the order after receiving information that the 17-year-old complainant has a boyfriend and her cellphone allegedly contains nude pictures and romantic SMSes between herself and the boyfriend.

It is believed the state will use medical records that prove the young woman had engaged in penetrative sex to prove that she was raped by the singer, whose real name is Sipho Charles Ndlovu.

“[The defence is] hoping to poke holes into the state’s argument that [it was] Brickz who penetrated her. Remember they can’t prove that it was him because there is no DNA evidence linking him to the alleged rape,” said a?source close to the case.

“Her cellphone records will be crucial in the trial because they will be able to argue that she is sexually active because she has [a boyfriend],” the source said.

“It is going to be a bit tricky, but that is the only way they can demolish the state’s version of things.”

But the state will hit back with a section 205 of its own, City Press has learnt.

This comes after the musician dismissed as untrue investigating officer Joel Ngobeni’s claims that when he was in jail, Ndlovu phoned his wife, Nqobile, who blew the whistle about the alleged rape and asked her to convince the alleged victim to drop the case.

Mokgobi declined to comment, saying only: “At the moment, we are concentrating on taking the matter to the high court to appeal the Roodepoort Magistrates’ Court decision to refuse bail for my client.”

Ndlovu is due back in court on December 5 after being denied bail this week.

The National Prosecuting Authority’s South Gauteng spokesperson, Phindi Louw, said: “It is their prerogative to prove their innocence in court. How they do it has nothing to do with us.”

The teenage complainant’s father, meanwhile, is furious about the defence’s tactics.

“We as a family and the prosecutor have interrogated her about whether she has been intimate with her boyfriend and she has said no and we believe her.

“Brickz is using this rotten excuse to discredit my daughter. He can waste his money on his fancy lawyers, but the truth will come out. What does my daughter stand to gain by sending Brickz to jail?” he asked furiously.

“The defence can go ahead and retrieve the cellphone records of my daughter. They will not find anything.

“He must tell the truth about what happened and apologise to us and his wife for committing such an atrocity. Even if he does what is right, he can never close the rift he has created in this family.”

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