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Rape accused wore victim's shoes
31/07/2007 14:24 - (SA)
Scottburgh - Saliva taken from two cigarette butts and DNA would link two men to the rape of three Durban women on the KwaZulu-Natal south coast, the Scottburgh High Court heard on Tuesday.
State prosecutor Dorian Paver told the court that he would present evidence showing that DNA from two of the men accused of the December 29 rape was found inside the three rape victims. He said that saliva from one of the accused men was also found on two cigarette butts found at the crime scene.
Mthokozisi Mbambo, 29, Sithembiso Shelembe, 23, and Wonder Mchunu, 26, allegedly raped three Durban women at a beach house in Pennington, south of Scottburgh, on December 29 last year. They are accused of attacking and robbing another couple later that night.
The three men had earlier pleaded not guilty to all the charges of rape, indecent assault and robbery with aggravating circumstances. Mbambo also pleaded not guilty to attempted murder.
DNA evidence
In the indictment before the High Court, sitting in Scottburgh, it emerged that Mbambo was diagnosed as being HIV positive "as far back as 2000".
The indictment said that Mbambo raped the women "in spite of his knowledge of the potential transmission of a virus leading to fatal consequences".
Mbambo's advocate Anneliese Harrison told the court that Mbambo was nowhere near the crime scene, but in the company of his brother Xolani Mambo on the night.
Advocate Abdul Khan said his client, Mchunu, would argue that he was at home with his sister.
Shelembe's legal counsel Advocate Deon Govender told the court that Shelembe would "elect to remain silent".
Delivering his opening address, Paver told the court that two cigarette butts taken from the simplex where the three women had been raped had been found to have the saliva of Shelembe.
Paver told the court that he would prove that Shelembe's DNA was also found in two of the women, while the DNA from Mchunu was found in another one of the women. The DNA was taken from vaginal swabs from the three women.
He said the State would seek to prove that on December 29, the three women and two men were robbed, and then forced to enter the main bedroom of the house "where two males at gunpoint were forced to seat themselves on the floor and as events unfolded the young women were raped in turn."
Paver said: "They were enjoying an evening in each other's company doing what a lot of South Africans do, braaiing."
After the three men had tied up their victims, Paver said, they proceeded to another house where they accosted a Gauteng couple who were tidying up after holding a dinner party.
He said police had, during their investigations, recovered numerous items.
The three men had been arrested at a road block by the Port Shepstone area crime combating unit.
Paver told the court that a pair of ladies running shoes had been "discovered on the feet of accused No 2 after his arrest".
Paver said the shoes belonged to the Gauteng couple.
"A watch was recovered from the girlfriend of the accused 3."
Paver said the watch belonged to one of the three girls who had been raped.
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