Court sees alleged CBD rape on CCTV

2012-06-19 00:00

THE regional court in Pietermaritzburg yesterday viewed CCTV footage of an alleged rape being perpetrated in the city centre in June 2011.

The incident was captured by the Safe City cameras installed in the CBD.

A group of policemen, who were alerted by the CCTV operative, arrived at the scene while the man was lying on top of the woman on the pavement in Retief Street.

They forcibly hauled him off her after hitting him once on his back with a baton.

They also sprayed him with what appeared to be pepper spray.

On trial in the case is Njungo Kiveit (27) who pleaded not guilty to having raped a 20-year-old woman on the night of June 19 last year after leaving the Kismet Hotel.

He alleges that he met the woman at the hotel bar and they spoke of having sex. He maintains that she consented to his advances.

In her evidence the alleged victim said Kiveit followed her out of the bar and along the street.

She was “quite drunk” at the time, but was aware of what was happening.

She testified that she had walked faster to get away from Kiveit, but he grabbed her, pulled her to the ground and raped her.

The woman said that when she tried to scream Kiveit strangled her.

The CCTV footage showed a man and a woman emerge from the Kismet hotel and walk along the street in a zigzag manner.

Explaining the events on the video to regional magistrate Rose Mogwera, Safe City camera operator Ntombifuthi Mkhize said it had appeared to her that the two people were drunk. She said it was clear from the footage that the woman was not a willing participant in what had occurred.

On a number of occasions the man tried to put his arm around the woman, but she pushed him away and seemed to be trying to get away from him, said Mkhize.

After pinning her against a wall, the man pulled the woman to the ground. She landed on her back with a thump and he then got on top of her. Police arrived while the alleged rape was in progress, pulled the man off her and placed him under arrest.

State prosecutor Rene Padayachee asked the court to postpone the case until July 2 for evidence from one of the arresting officers.

• ingrido@witness.co.za

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