Accused ‘told me about rape’

2013-09-06 00:00

A 14-YEAR-OLD boy told the court yesterday that three accused on trial for the July 2011 rape, murder and robbery of pupil Nomathemba Xaba (14), in Mountain Rise cemetery, had told him what they had done to the girl.

The state witness — testifying via an intermediary — said that he was in the company of Kyrone Spalding (22) and his neighbours, brothers aged 17 and 14 years old, when the incident happened.

He told the court the girl — who had been walking through the cemetery dressed in school uniform — was grabbed from behind by the older brother and dragged into the bush.

He told acting judge Madlala Xolo the assailant took off the girl’s panties and invited him to rape her, but he had refused.

He said he walked away from the scene.

Later, when the three accused returned “from the bush”, Spalding and the younger of the brothers told him they had “just raped” the girl, while the older brother said he had “touched, kicked and had sex” with her.

He testified that when he saw the brothers the following day at a chemist they spoke about the incident. The accused told him they’d gone back to the scene and that the “girl was still there and blood was coming from her nose and mouth”.

He alleged that the younger brother threatened to “hit” him and the older brother said he would “stab him” if he told anyone.

The witness said two days after the incident he had accompanied his cousin and friends to Northdale hospital. On the way back via the cemetery he told them there was a body in the bush and showed them.

All three accused had pleaded not guilty at the start of the trial. Subsequently, however, Spalding admitted that he raped the victim.

The trial is proceeding.

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