Mystery witness called for Verulam rape case
|Published
A man accused of raping his stepdaughter bows his head in the dock at the Verulam Magistrates Court. Picture: Nosipho Mngoma A man accused of raping his stepdaughter bows his head in the dock at the Verulam Magistrates Court. Picture: Nosipho Mngoma
Durban - A mystery witness is expected to take the stand in the Verulam Magistrate’s Court with testimony which allegedly exonerates a man who has been charged with the rape of his 10-year-old stepdaughter.
This was heard in the court on Monday when the accused was expected to apply for bail.
Instead, the 43-year-old man’s Legal Aid lawyer, Mondli Mthethwa, asked the court for a postponement.
Mthethwa said he needed time to consult with a witness he intended calling to support his client’s application.
He said this witness’s testimony would disprove the allegations against his client.
“The witness has been with the accused and the (stepdaughter) for some time and can shed some light and corroborate his version of events.”
Asked by magistrate Irfaan Khalil why his client’s version could not be heard first, Mthethwa said it was important for the court to hear what the witness had to say.
Mthethwa also told the court he could not proceed with the bail application as the man’s address was not yet verified by police.
This was because the landlord where he lived with his stepdaughter and from where she was rescued no longer wanted him on the property.
Mthethwa said people living at other addresses provided by his client had also declined to take him in, but there was someone in Durban North who had agreed and that address would be provided to the investigating officer.
In response, senior State prosecutor San Bhartu said the officer - who was in court - was available to verify the address after court.
To Mthethwa’s arguments that there was a duplication of charges, Bhartu said this was a provisional charge sheet, but counter argued that the charges of rape, rape with an object and sexual grooming of a child were in fact separate charges.
Mthethwa also took issue with the charge sheet referring to offences allegedly committed by his client between 2013 and 2018 in Verulam, when he had lived in Verulam for only two months.
“The charges are unclear, My client is not sure what he is supposed to answer to,” he said.
Although the application for the postponement was granted, Khalil said this was not because the court was convinced of Mthethwa’s arguments. He said he was granting the postponement to give the defence the benefit of the doubt and because it was a delay of only one day.
While court was in session, members of the community who were picketing outside could be heard chanting “no bail”.
Inside court, the man - who was not wearing shoes and walked in his socks - was still limping from an alleged assault by members of the community when he was caught and the girl rescued.
Two members of her family were also in court.
They said while they didn’t know about the abuse, they had tried to have the child live with them, but the man allegedly refused and threatened them.