Rape: Judge to rule on accused advocate today

2014-02-20 00:00

DURBAN high court Judge Fikile Mokgohloa will decide today whether or not to acquit a Durban advocate on trial for sexual molestation and rape.

Advocate Mayakisten Govindsamy (58) pleaded not guilty to charges that he indecently assaulted a girl at his Effingham Heights home in 2007. At the time, the teenager was sleeping between Govindsamy and his wife. He allegedly raped the teenager on July 17, 2010 while she slept on a mattress in his bedroom.

Yesterday defence counsel Murray Pitman made a Section 174 application for the state to acquit Govindasamy.

In his submission, Pitman argued that having closed its case, “the state relies upon the evidence of a single witness, without any corroboration whatsoever, as the only evidence to prove, beyond a reasonable doubt, that the accused committed the acts complained of”.

The defence further argued that an accused is entitled to be discharged at the close of a case if there was no possibility of a conviction other than if the accused enters the witness box and incriminated themselves.

In the submission, Pitman said that because “the state has failed to deal with the complainant’s predisposition to lie and falsely implicate people in criminal activity to her own ends, that unresolved predisposition to lie will remain unresolved at the end of the case if the application for a discharge is refused, and will not be remedied.”

The Witness reported last year that the complainant admitted to a pattern of lying that she said developed after Govindasamy allegedly raped her.

Advocate Dorian Paver, for the state, objected to the submission stating that the complainant’s evidence was credible and that there was possibility to convict.

Govindsamy pleaded not guilty to rape and sexual assault.

The trial continues today.

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