Rape charge must be fought

2014-02-21 00:00

DURBAN high court Judge Fikile Mokgohloa yesterday dismissed an application by advocate Mayakisten Govindasamy’s defence to dismiss his sexual molestation and rape charges.

Govindasamy had pleaded not guilty to both charges.

Defence counsel Murray Pitman had on Wednesday argued that they would submit the application as the state could not prove beyond reasonable doubt that the accused committed the crimes.

Yesterday Judge Mokgoa dismissed the application, stating that there was sufficient evidence to prosecute.

“I have given due consideration to the provisions of Section 174 and the submission made by both the state and the defence. I believe there is evidence to prosecute and therefore the application is dismissed,” said Mokgoa.

Govindasamy, a father of four, told the court that the complainant was the daughter and last child of his wife’s sister, since deceased.

On the day of the alleged sexual molestation in 2007, the complainant came to his Effingham home. “She had a package with her which turned out to contain lots of photographs of herself and mother.”

Govindasamy said that after dinner the complainant came to the main bedroom of the house and joined him and his wife. “We started going through the pictures while she was in our room. We had already prepared the middle room for her as only one of my four children stays with us.

“While looking at one particular photograph, the complainant had strange mood swings. At one stage she said, ‘Look at this photograph. Is it that I’m more beautiful than my mom?’

“We didn’t pursue that because she was just being herself — she always wanted us to acknowledge that she was beautiful, and we gave her that acknowledgement,” Govindasamy told the court.

While the complainant was in their bedroom, Govindasamy says he and his wife were alarmed by the complainant’s mood swings and asked what was wrong.

“She said she hated her father because he killed her mother. This didn’t make sense because her mother had died of a burst pancreas. We reminded her of that fact, and further asked her why would she say her father had killed her mother. She responded that her father had an affair and that’s what caused her mother to die.”

Govindasamy said his wife told the complainant that her bed in the other room was ready but, between tears, she said she wanted to sleep in their room.

“My wife said it was fine, she could sleep next to her,” he said.

“The complainant said, ‘No, I love you both. Can I please sleep in the middle?’ My wife then looked at me giving a nod with her head, so the complainant slept between us,” he said.

On the day of the alleged rape Govindasamy said he had asked the complainant if she needed a cup of hot chocolate as he was about to prepare something to drink for himself. His wife had gone to a morning prayer service and his two sons had gone to the beach.

“She was sitting on the mattress brushing her hair. She said it was too early for the hot chocolate.”

Govindsamy said thereafter the day proceeded normally and they went out shopping and returned home.

Advocate Dorian Paver, for the state, proposed a longer period for the trial as the defence would be calling witnesses.

Judge Mokgohloa adjourned the matter to June 23 for the announcement of a further date for trial.

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