Reasonable doubt exists in rape case

2014-02-19 00:00

THE lawyer for a Durban advocate is expected today to apply for his client’s acquittal on sexual molestation and rape charges.

Advocate Mayakisten Govindasamy (58) had 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 Govindasamy and his wife.

He allegedly raped her on July 17, 2010 while she slept on a mattress in his bedroom. Yesterday Govindasamy’s counsel Murray Pitman, after cross-examining the last state witness, district surgeon Dr Ramendhra Naidoo, who examined the complainant in the matter, told the court that the defence will be making a Section 174 application for the state to acquit Govindasamy.

This happens when the defence feels that the state has not proven its case beyond a reasonable doubt.

At the start of yesterday’s proceedings, Judge Fikile Mokgohloa suggested that the matter go ahead in the absence of an assessor, to which all parties involved agreed. Dr Naidoo testified that the complainant, when she was brought to him days after the alleged rape, was calm and co-operated when he examined her.

Pitman quizzed Naidoo about the examination process, how it was done and what he used. To some questions that would have warranted graphic answers, Naidoo opted not to answer.

“In the signs I observed when examining the complainant, I could not rule out sexual assault,” said Naidoo.

Judge Mokgohloa, sitting in the Durban high court, cautioned Pitman, who had objected to Naidoo’s answers, saying, “Maybe you are not satisfied with the responses because he does not give you the answers you are looking for.”

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