Rape trial: complainant admits to being a liar

2013-02-06 00:00

THE young woman who has accused a top Durban advocate of rape and indecent assault admitted to having lied and manipulated in order to get what she wanted.

During her testimony in the Durban high court yesterday, state prosecutor, advocate Dorian Paver, asked her if she tended to lie and fabricate.

He also asked if she was persistently manipulative, to which she responded that she would lie to her own father, a brother of accused Mayakisten Govindasamy, and manipulate him. However, she said the rape happened as it was stated in the indictment.

Govindasamy, a former acting judge, has pleaded not guilty to the charges.

The 23-year-old complainant took to the stand after Judge Fikile Mokgohloa consented to her testifying.

On Monday, the defence team handed the court a set of documents which claimed the complainant was not a credible witness and suffered from a multitude of personality disorders.

The state opposed this, arguing that the defence was “trying to colour the complainant’s character before she testified”.

Mokgohloa found in favour of the prosecution, stating that the defence could not use the annexures attached to Govindasamy’s plea as evidence. However, the annexures, which include a psychiatrist’s letter, could be used as evidence in correlation with the respective witnesses at the appropriate time.

In 2007, Govindasamy allegedly indecently assaulted the young woman when she was aged 15 by “touching her breasts and her vagina” in his Durban home.

This had left her with a painful, burning sensation. Three years later in the same home, the complainant was allegedly raped while she slept on a mattress in Govindasamy’s bedroom. She alleged that Govindasamy had awoken her by inserting his finger into her vagina.

In a lengthy plea read out by his lawyer, Govindasamy alleged that the complainant suffered from serious personality disorders such as histrionic personality disorder (HDP) and borderline personality disorder (BPD) which all fell within a cluster of disorders known as mixed personality disorder.

Govindasamy claims that the complainant opened false charges with the Rondebosch police while she was a student at the University of Cape Town.

He said her father had sent her money for specific purposes, but she ended up using it for her own personal needs.

“She lied to him by telling him that the money had been stolen from her flat in an alleged break in,” he said.

He added that she also lied about her name to the investigating officer and even refused to acknowledge her brother who came to visit her in police cells.

Furthermore, Govindasamy claimed that the complainant lived in a Camps Bay apartment, paid rent of about R25 000 and drove a Range Rover, which costs about R1 million, and hosted lavish parties.

“She has been questioned by her family about this largesse, having regard to the fact that she is a student and also unemployed … The concern with the family is that she may be involved in money laundering and other illicit conduct.”

Trial resumes today.

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