Final arguments in nurse rape case

2013-02-12 16:00

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Bloemfontein - The overall evidence in the rape trial of a Free State male nurse indicates a rape has taken place, the State submitted in the Free State High Court on Tuesday.

Judge Faan Hancke and two assessors heard final arguments from the State and the defence counsel of male nurse Kodisang Moema.

He has pleaded not guilty to two counts of rape.

DNA

State prosecutor Amanda Bester told the court male DNA found on the paralysed and terminally ill female patient's genitals could not have landed there accidentally.

This indicated the possibility that the woman could have been raped during the early hours of 16 October last year.

Moema was arrested after the woman, who has since died, alleged that she was raped at night in a ward at the National Hospital in Bloemfontein.

The woman's husband told police the attack happened on 15 October.

The patient could not identify a woman nurse who she claimed held her during the rape.

On Tuesday, Bester said the woman had told various people the same story about the rape and used the same words to describe the incident.

She submitted a lot had been said during the case about the influence of medicine, such as morphine, on the mental abilities of cancer patients.

However, she argued the court also heard evidence indicating that not all people reacted the same to such medicine.

The State also submitted that question marks raised over evidence regarding the identity of the alleged rapist could be understood under the circumstances.

Bester said the woman was a defenceless patient at the mercy of nursing personnel, who did an experiment with her on whether she would recognise the rapist or not.

Not proved beyond reasonable doubt

Moema’s defence counsel Pieter Nel, reminded the court that the DNA tests were insufficient.

"It was not even enough to compile a DNA profile."

He also disputed the State's contention that the woman's statement about the rape was coherent.

Nel listed the medical and mental conditions of the woman for the court and argued there was no rape incident involving the victim.

He further contended the State had also not proved beyond reasonable doubt the identity of the alleged perpetrator in the matter.

Hancke postponed the matter to Wednesday.

- SAPA
Read more on:    bloemfontein
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