'Worst rape': State closes case
2004-06-11 18:35
Johannesburg - The High Court was urged on Friday to reject the psychiatric defence of Reuben Modiba, the man accused of perpetrating South Africa's "worst child rape".
Prosecutor Herman Broodryk disputed Modiba's defence of nonpathological criminal incapacity, saying his actions before and after the incident were goal orientated.
Broodryk said evidence by psychiatrist Dr Leon Fine also proved Modiba's amnesia claim were not genuine.
Modiba, 30, has been charged with kidnapping a six-year-old girl outside her home in Alexandra on September 7 2002.
She was injured so severely during the rape that her intestines were hanging between her legs.
Afterwards, it is claimed, Modiba abandoned her in the veld.
At the beginning of the trial two weeks ago, Modiba underwent mental observation to establish if he was fit to stand trial.
He pleaded not guilty to charges of rape, attempted murder, indecent assault and kidnapping.
He claimed he could not remember where he was when he committed the crime and that he lost control of his actions.
In closing argument on Friday, Broodryk said evidence from various witnesses that he was seen with the child was overwhelming.
Modiba was seen from a distance with the child covered by a jacket that he had worn earlier.
Broodryk said the DNA had also matched semen found at the scene of the rape.
Judgment was reserved for Monday.
- SAPA