Rapist fails in high court appeal

2013-05-31 00:00

A MAN who kidnapped a woman walking to work in Westville and raped her in 2008 has failed in his appeal to the high court.

Acting Judge Yoga Moodley and Judge David Ntshangase yesterday confirmed the convictions and effective 16-year sentence imposed on Cedric Subramoney (31) of Resevoir Hills for kidnapping and rape and for stealing the victim’s cellphone.

The incident took place on April 22, 2008.

The victim told the court she was walking to work along Blair Atholl Road in Westville at 6.15 am when a car with two occupants stopped. The driver offered her a lift and she refused. The car then stopped ahead of her.

As she got to it she was again asked if she wanted a lift, and again she declined.

The passenger and driver both got out, picked her up and put her into the car.

They drove to a secluded parking lot where the driver raped her while his passenger held her arms to her sides.

The victim testified that she had pleaded with her attacker to use a condom and he did.

After the rape the men abandoned her at the parking lot.

She was able to identify a company logo on the vehicle and police later accompanied her to the premises where she pointed out Subramoney as the rapist.

In his evidence, Subramoney alleged he and the woman had consensual sex.

He testified that he had picked her up in a “red light area” where prostitutes were, and said she had agreed to have sex with him.

The appeal court, however, agreed with the trial magistrate’s findings that Subramoney was a poor witness and that he had lied.

They also ruled that he had had a fair trial and was correctly convicted of the charges.

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