Child rape accused acquitted

2008-03-14 19:29

Grahamstown - A 55-year-old man accused of raping a 13-year-old mentally ill girl was acquitted in the Grahamstown High Court on Friday.

The state withdrew the rape charge because of the girl's inability to give evidence.

Appearing before Judge Bonisile Sandi was Mtutuzeli Mvandaba, of Lingelhle, Cradock. He allegedly raped the girl on September 1 2007, after the girl's caregiver left her at his house and went to buy alcohol.

Senior State advocate Nickie Turner told the judge: "It is with immense regret that I must advise you that I have consulted with the little complainant this morning.

"I have come to the conclusion, after speaking with clinical psychologist Karen Andrews, who is present here in court, that the girl does not have the intellectual capacity to testify. Her evidence is crucial and without it, I cannot carry the day in court.

"She was born prematurely and without the natural warning signs of pending child birth, and suffered a head injury at birth when she was dropped on her head. I have also been further advised by the psychologist that the neurological damage and associated deficits are considerable."

Turner said under the circumstances she regrettably had no option but to withdraw the charge.

Andrews, in her clinical assessment of the girl, noted "that her ability to testify was questionable, and if she did so, then the services of an intermediary would be required".

In her report Andrews stated that the Grade One schoolgirl had an IQ range of 70 and was mildly mentally retarded.

"Her mood and affect (emotions) are restricted in that there is a restriction in her feeling and tone. In addition to the appearance of subnormal intelligence, her mental state is characterised by anhedonia - this means she is emotionally withdrawn and indifferent. She has very little interest in her surroundings, or life in general."

Sandi told Mvandaba, who had been in custody since his arrest in September last year, that the charge against him was being withdrawn because of the girl's mental condition, and he was discharged.

- SAPA