Murder, rape: young witness ill in court

2013-09-04 00:00

A YOUTH who has been called to testify for the state, via an intermediary, in connection with the alleged gang rape, murder and robbery of a Pietermaritzburg schoolgirl (14) at Mountain Rise Cemetery in July 2011, took ill before completing his evidence yesterday.

The youth was 12 years old when he allegedly witnessed the events in question.

He is giving evidence at the trial of 22-year-old Kyrone Spalding and two brothers — who were 14 and 17 years old at the time of the incident — before Acting Judge Madlala Xolo. All three accused are from Woodlands.

They are charged with the rape of Noma­themba Babongile Xaba (14), alternatively performing a sexual act with a human corpse; killing her and robbing her of an unknown amount of money and a cellphone.

All three pleaded not guilty, but in a statement, Spalding said that he will admit that while he was walking through the cemetery one day in July 2011, he noticed a female without any clothes lying down. He had become aroused when he saw her and had intercourse with the body.

The young state witness told the court yesterday that he is a neighbour of the two brothers who are on trial in the case.

On the relevant day, one of them asked the youth to accompany him to the Spar. The three of them had set out together, and while walking through the cemetery met up with Spalding, who was drinking alcohol.

The youth said a girl had walked past dressed in the maroon-coloured Forest Hills primary school uniform. He said the older of the brothers had suggested they rob her, but Spalding had said “no”. He too refused.

He said the brothers followed the girl.

The older of the two had grabbed her round the neck and walked backwards into the bush.

The case adjourned at that point in the evidence as the youth complained on his return from lunch that he had a stomach ache and headache.

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