AS IT HAPPENED | Social worker recommends that convicted rapist Nicholas Ninow be handed 'a life imprisonment sentence'

2019-10-16 15:30

Convicted rapist Nicholas Ninow has testified in mitigation of sentence following a week-long trial where Judge Mokhine Mosopa found him guilty of rape, possession of an illegal substance and defeating the ends of justice.


Nicholas Ninow

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Last Updated at 04:56
16 Oct 15:56

Ninow's grandmother breaks down once again during her testimony, and Judge Mosopa decides to adjourn proceedings for the day. The matter stands down until 09:00 tomorrow morning, and will resume with Ninow's grandmother's testimony.

16 Oct 15:52

16 Oct 15:52

16 Oct 15:51

Ninow's grandmother, Gericke, breaks down in tears: " doesn't matter what other people believe, it doesn't matter, I know that my son is heartbroken for that child. I know that Nicholas is a protective person..."

Gericke: "I want the court to recognise that Nicholas is not just the Dros rapist. There's another side to Nicholas, there's a good side, there's a side that I love, there's a side that I raised to be a good boy. But because of the first eight years of his life, where he was abused and used, and because of the drugs that was brought into his life - and I do not for one minute say that Nicholas should not be punished - I do not say that he's innocent, he is guilty, I know that. But I do believe that there are mitigating circumstances and that there is another side to Nicholas, that he is NOT, the Dros rapist... that's all I have to say."

Ninow also breaks down, sobbing, along with his grandmother.

16 Oct 15:41

Ninow's grandmother says it was all downhill for Ninow when he reconnected with his mother, who had moved to Cape Town and fallen on hard times, after she moved back to live with them. Ninow was in matric, 18 years old at the time, according to his grandmother.

16 Oct 15:38

16 Oct 15:36

"When drugs entered his life, Nicholas lost the plot," Ninow's grandmother testifies, saying that he is a completely different person when high on drugs.

Ninow sheds a few tears while watching and listening to his grandmother in the witness stand.

16 Oct 15:32

16 Oct 15:32

Kelder is excused from the witness stand. The next witness to testify is Ninow's grandmother, Pauline Gericke.

16 Oct 15:29

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16 Oct 15:19

Kelder's recommendation is that Ninow be sentenced to life in prison. "I recommend that the accused be handed down a life imprisonment sentence for both acts of rape of a minor..."

16 Oct 15:07

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16 Oct 15:05

The social worker in the witness stand has so far recounted Ninow's version of events at Dros on the day he attacked his victim, and once more runs through a brief summary of Ninow's childhood up until now, much like the previous witness.

16 Oct 14:55

A social worker from the Gauteng Department of Social Development now takes to the witness stand, and is sworn in.

16 Oct 14:54

Just before excusing Genis from the witness stand, the judge asks her to draw a distinction between "regret" and "remorse". Genis explains, but the judge argues that based on the evidence before the court, Ninow is not remorseful.

With that, Genis is excused.

16 Oct 14:51

16 Oct 14:41

16 Oct 14:41

Genis is questioned about whether or not Ninow poses a risk to society. 

Genis: "I don't think it's my place to make that decision..."

The judge interrupts: "But you are an expert? You can't say it's not your place, you're an expert. Why are you called? You're called here to assist..."

Genis: "I think that he is at higher risk to re-offend if he continues his drug use and he doesn't adhere to psychiatric medication. If those factors are under control, I think he is a lower risk for society, to re-offend, sexually re-offend."

16 Oct 14:33

16 Oct 14:26

Genis tells the court that Ninow was aroused, in part, as a result of his drug use on that day.

16 Oct 14:17

Genis is currently being questioned on the back of her testimony. 

16 Oct 14:07

Genis recommends that Ninow enter drug rehabilitation, and that he should also undergo ongoing psychological evaluation to keep him on track.

16 Oct 14:04

16 Oct 13:54

Proceedings resume after the lunch adjournment with Genis, a psychologist, still testifying in mitigation of sentence for convicted rapist Nicholas Ninow.

Genis is currently detailing various "risk factors" as they pertain to Ninow.

16 Oct 13:04

Genis' testimony is paused as the judge calls for the lunch adjournment. Proceedings will resume at 13:45, according to the judge.

16 Oct 12:54

Genis: "Mr Ninow is not considered to have paedophilic disorder, however the fact that he chose a child as his victim, is cause for concern, and this aspect will have to be closely monitored in future."

The judge asks Genis to clarify, and she says Ninow's diagnosis does not fit in with international criteria related to paedophilia, and he also had not watched or used child pornography.

16 Oct 12:48

Genis delves into the psychological definitions of paedophilia, and studies surrounding the topic.

16 Oct 12:44

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16 Oct 12:32

Genis tells the court that Ninow told her he would commit suicide if he got a life sentence. Ninow told her he would kill himself by using razor blades.

"And if he gets another sentence, what will happen?" the judge asks Genis.

16 Oct 12:28

16 Oct 12:28

Genis tells the court that Ninow started smoking at age 10, and started doing hard drugs and alcohol by 13. Genis says Ninow admits to being a full-blown drug addict and that it has torn him apart. 

Genis now continues to detail a number of incidents from Ninow's childhood and teenage years - incidents of self-harm and violence, psychologist and psychiatrist visits, suicide attempts and substance abuse.

16 Oct 12:23

Genis says Ninow's ex-fiancée told her that he treated her very well.

16 Oct 12:20

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16 Oct 12:12

Ninow is excused from the witness stand, and next up is a psychologist, testifying in mitigation of sentence.

16 Oct 12:08

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16 Oct 12:07

Ninow tells Ngobeni that his fiancée left him after he was arrested.

Ngobeni tells Ninow he is a danger to society.

Ninow: "If I had a second chance in life, I can be one amazing person, and I can prove to this world, just how much I can make, actually, I've been through a lot in my life, and I would like, and I know for a fact, that if I have a chance I can be something better, and I can be something... I can be a valuable member to society, I believe that, yes. So no I don't feel like I'm a danger to the public now.

16 Oct 12:00

16 Oct 11:59

16 Oct 11:54

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