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Rape testimony is hard - judge
08/11/2006 20:55 - (SA)
Johannesburg - Every raped woman was still confronted by the problem of testifying in an open court, said Judge George Maluleke in Johannesburg High Court on Wednesday.
He was commenting on an application by the State to have the evidence of dozens of women allegedly raped by Mongezi Samuel Jinxela heard in camera.
"There are many difficulties in making a blanket or in-camera order, especially when considering that all rape victims face the same problems."
In her application, State advocate Louisa Loots called investigating officer Captain Zakhele Zwane to tell the court that the women were not at ease testifying in a court full of members of the public.
One victim now a public figure
Zwane said the women still were traumatised by the rape and some had carved new lives for themselves and preferred not to let their spouses know about what happened years ago.
"One of the women is now a public figure and she does not want people going to court to check her out."
Some women had tested HIV-positive, and were not prepared to divulge their status to the general public.
Cross-examining Zwane, Jinxela's advocate, Harold Knopp, said it was in the interest of his client's right to a fair trial to have the matter heard in open court.
Loots intends calling in a trauma counsellor who will testify on the extent of the women's plight.
It is only then that the judge will decide whether the matter should be heard in full view of the public or in camera.
Jinxela is accused of raping 70 women and committing another 191 offences including robbery, indecent assault, assault and kidnapping between 1994 and 2004.
He allegedly lured the women to deserted places, telling them his employer had a vacancy for a woman.
Also charged with escaping
He would then take them to mine dumps and fields where he allegedly raped and robbed them of possessions like jewellery, cellphones, handbags and money.
He has pleaded not guilty to all the charges, including one of escaping from lawful custody in 2004.
Judge Maluleke postponed the matter provisionally to Monday afternoon, because one of his assessors would not be available on Thursday.
- SAPA
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