Rape suspects 'watching TV'
2007-08-07 22:48
Nivashni Nair
Durban - While three young women were repeatedly raped in Pennington last year, two of the three men accused of the brutal crime claim they were at home watching television.
Mthokozisi Innocent Mbambo, 29, and Sithembiso Joseph Shelembe, 23, on Tuesday told the Scottburgh High Court that on December 29 last year, they were at their homes in Oshabeni watching television.
Shelembe explained that on the night in question, he had listened to some music and had watched Jam Alley and Generations before going to bed. He claims that his girlfriend and three adult sisters were with him.
Although Shelembe denies ever being at the rented home where the three young women were raped and robbed, the State has rejected his alibi saying that if he was "tucked in bed" with his girlfriend, she would have told the court.
Girlfriend was there to testify about cellphone
His girlfriend, Simangele Nyathi, testified against him on Monday when she told the court that he had given her a cellphone, which the State later discovered had been stolen from the couple who the accused are alleged to have robbed after the attack on the three young women.
When asked why his attorney did not ask Nyathi to back up his alibi, Shelembe said that he was of the understanding that his girlfriend was only there to testify about the cellphone.
State prosecutor Dorien Paver also demanded to know why Shelembe was not calling his sisters to support his alibi.
He told the court that he could not call them because he did not have a phone card and he had no means to make contact with them.
Property was found on him
When asked about his DNA that was found in the vaginal swabs of the rape victims, Shelembe replied that he did not believe in "such things".
He could not explain how his semen was found on a cloth at the scene.
"I won't be able to explain that because I wasn't there and I know nothing about it," he said.
He told the court that it was a coincidence that property from the victims was found on him and at his house.
His co-accused Mbambo entered the witness box on Tuesday afternoon and told the court that he was at home watching movies with his brother on December 29.
It is expected that he will be cross-examined on Wednesday.
- The Witness