2018-07-12 06:00

THE state prosecutor in the case of a 10-year old child who was allegedly raped by her stepfather told the court that the victim was raped 900 times between 2013 and 2018.

The suspect re-appeared in court on Tuesday, July 3 for a bail hearing.

Prosecutor San Bharto claimed that the accused raped the victim almost every second day.

The state called Warrant Officer Nivash Lutchminarian from Phoenix Family Violence, Child Protection and Sexual Offences Investigations to testify.

Under cross examination, he told the court that “nobody knows who assaulted the accused” on the day of the incident.

“I asked him [the accused] if he knew the people who assaulted him and he said he did not see anybody because it was dark,” Luchminarian said.

He told the court that the victim reported the alleged rape and assault to a neighbour who alerted Reaction Unit South Africa.

“The Reaction responded at the scene and then contacted the SAPS,” he said.

The magistrate, Irfaan Khalil ruled that some of the testimony must not be used by the media.

The state submitted in court images from a Facebook page of the accused, where he posted firearms.

According to the charge sheet, the accused has previous convictions where he was charged with assault in 2005 and two counts of assault and damage to property in 2006. However, the accused’s Legal Aid representative Mondli Mthethwa said his client paid a fine of R400 for each count.

During the accused’s appearance on Monday, July 2 Mthethwa told the court that the defense was not ready to proceed with the application “because the charge sheet has contradictions”.

Mthethwa said that in the charge sheet it appears that the accused raped the victim at his house in Verulam from 2013 to 2018 – which he said contradicts the facts.

“He has been in the jurisdiction of Verulam for only two months. In 2013 and other years he was staying in another place. We still need to verify the current address of the accused. He [the accused] cannot go back to his house because the landlord made it clear that he does not want him anymore,” Mthethwa said.

Mthethwa promised to subpoena a key witness who has “credible’’ evidence that could possible set the man free.

“We have a key witness that I need to interview today [Monday]. The witness knows the complainant [victim] and the accused,” Mthethwa said.

He said count one and two are the same and count three and four also the same.

In response to Mthethwa’s submissions, the state said there were no duplication in the charges.

The accused is facing charges of rape, sexual grooming of children, sexual assault, and exposure or display of or causing exposure or display of child pornography or pornography to children, assault with intent to do grievous bodily harm, compelling or causing children to witness sexual acts and child abuse or deliberate neglect of a child.

The matter was adjourned for today, Thursday July 5 for the continued bail hearing.

The suspect remains in custody until the court makes a ruling on his bail application.


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