Final arguments in nurse rape case

2013-02-12 16:00

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.


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.

  • Asdiedamwalbars - 2013-02-12 16:22

    Bla bla bla..bla bla bla..lies lies lies..My knowing..or thought he knows..that morphine will confuse the sick women by identified him..and will cover any evidence..furthermore clean her up after the rape..they will get away with it. Justice must be served.. How can any man trust a hospital with these tipe of service and dangers hospitals held with their sick and helpless wifes..who must trust them at a place for the sick..if patients were raped and abuse..and thefts of their belongings.

  • frederick.nel - 2013-02-12 16:24

    What the hell?? Well i can see another one getting away just to wait for his next victim. Oh SA how ive grown to dislike you!

  • Lerato_Dee - 2013-02-12 16:36

    This is a very said story and I'm not disputing any sorts of attack but the state prosecutor's evidence is lacking. 1. The woman was paralyzed from the shoulders going down then why did the female nurse have to pin her down, 2. The first time she was raped and the two culprits walked into her ward in the presence of the matron, she didn't have any sort of objection or reaction to their presence, she was only able to identify the nurse through a picture after she was raped twice but could not identify a woman whom apparently was in close contact with her and pined her down. I seriously think something is missing to find him guilty. God forbids if he did it and was found innocent but again what if he didn't?

      Irene Kambo - 2013-02-12 16:50

      If I had been her, I would have been terrified to react when they came in again. She was always at their mercy! But God knows what had happened . I often wonder how some lawyers sleep at night?

      frederick.nel - 2013-02-12 16:51

      Why would a women on her last few days on earth want to put somebody in prison? The DNA is enough evidence to me and rape appears to be the in thing now days so wouldnt be supprised. Ive spent time in hospitals and ive seen how cruel a nurse can be but this just takes the cake. They get very bored at night. I recall a male nurse watching porn at night on a lil portable tv. I think its very possible this could of happened.

  • mmenzisco - 2013-02-12 16:55

    That's why the case is in court to get to the core of the truth. "Rational" adults they already know he raped her. Let's all wait and see how it prevails.

  • tersia.louw.12 - 2013-02-12 17:17

    Dipou Mathobisa is not fit to clean a real matron's shoes. I worked with many matrons, women of compassion, discipline and unimpeachable integrity. I don't know how Ms Mathobisa became a matron, but I do know she's not worthy of the uniform. Shame on you, Dipou Mathobisa, you're a disgrace to a once-noble profession. Some posters seem to think the patient was so affected by pain medication that she might have fabricated the rape incident. I put to you that if she had, she would have named the nurse who held her down.

  • mhla.nombembe - 2013-02-12 17:18

    DNA of a male nurse should not be found on genitals of female patients as they use gloves to assist sick admitted patients....So for two different patients to complains of sexual assault and co-incidentally his DNA match it means there is intentional voilation of patient's rights . . So must face the music and expose the female nurse who enjoyed seeing other female humans getting sexually assaulted ... This is serious unforgivable offence that put a bad stain to department of health integrity . .

      jones.mosima - 2013-02-12 18:20

      Sesi, Perhaps may be you should revisit the article again, it never said A male NURSE DNA it thus read as A male DNA was found on the genitals of a paralysed and terminally ill.......... The was never a Concrete conclusion That it was that of the Male nurse (Moima). Or may be unless u've got some new info dat we dnt have???!!!!!!!

  • jones.mosima - 2013-02-12 17:20

    These are serious allegations hey, well I say Innocent until proven guilty The ain't enough evidence to prove this one though. How many are locked in jail now, because of something they didn't do? I guess Some are there,who were innocent but were found Guilty though. We as Clinicians, we r more susceptible to Such accusations, I've seen a lot of false accusations,about Pt's accusing sexual offences to many of our colleagues, But only to find out, the was no such. Now we can't even practice safely, Gnae check is even worse. Anything u do wrong, We gonna sue you.... Perhaps this might be one of the cases also, just saying though. But If the brother is Guilty, Shame on him, just remove those Testicles of his.

  • hezekiel1 - 2013-02-12 17:21

    The issue of rape is getting out of control and i doubt if it will ever be corrected.There are people who are being raped and those who agree to the action only to change thereafter,claiming to have been raped.This especially if there was money involved,men are the ones who suffers as a result as most ladies always change and demand high monetary rewards after the action.I really feel for those who were raped but some ladies are partly not innocent.I was once got involved when one of my players nearly got arrested when the lady he was seeing threatend him with jail if he fail to buy her carvella shoes.Why the lady did that is only that she loved the guy while the guy ran around with many ladies.She just wanted to punish him

  • gadija.kennedy - 2013-02-12 17:52

    Explain to me how does the DNA of this person end up on the female's genitals, disgusting, my opinion is that, these defenseless ladies have been violated in the worst form even. May he get exactly wht he deserves!

      trudy.riet - 2013-02-12 19:40

      Agreed, she knew she was raped, she pointed out who did it, and they found DNA and confirmed she was raped, how can anyone now question whether she was lying?

  • pages:
  • 1