Accused admits to raping girl

2013-09-05 00:00

TWENTY-TWO-YEAR old Kyrone Spalding, charged with the gang rape, murder and robbery of 14-year-old Nomathemba Babongile Xaba in Mountain Rise cemetery, yesterday admitted in a statement that he had in fact raped the schoolgirl in July 2011.

Spalding, who is from Woodlands, yesterday changed his version from the one that he gave the court when he pleaded not guilty to the charges on Tuesday and admitted an alternative charge of having sex with a corpse.

Yesterday his advocate, Sibani Nzimande, said Spalding wanted to change his version and was prepared to make “further admissions”.

In a statement read to the court, Spalding admitted having been in the company of his two co-accused — brothers, who were aged 14 and 17 years old at the time.

He said he was requested to rob the victim, but refused.

The two brothers thereafter approached her from behind and dragged her into the bush. The older brother demanded money and a cellphone from the victim, and assaulted her. Both brothers then raped her.

Spalding said he had gone to the scene and looked at what was happening while the younger boy was raping the victim.

“Me and accused two decided to leave the scene, but accused three [the older brother] remained behind and continued to assault the complainant despite my protestations,” he said.

“At a later stage, I returned and found the complainant rendered helpless,” he said.

Spalding said he became aroused and had intercourse with the victim who was “helpless and motionless”. He could not dispute, however, that she was still alive, he said.

He also admitted that although he had taken drugs, he was able to appreciate what he was doing at the time.

Advocates Di Franklin and Zina Anastasiou, who are representing the two brothers in the trial, asked the court to postpone the case to enable them to consult with the accused in view of Spalding’s about-turn.

The hearing was adjourned until today.

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