MBOMBELA – Last Thursday drama unfolded in the Nelspruit High Court when a Legal Aid lawyer withdrew from a murder case following a misunderstanding between himself and his client, who is accused of the double rape and murder of his seven-year-old daughter.
The case started normally and the accused’s pleading statement was read in court after which he was asked to sign by his lawyer, who mentioned that his client had previously refused to sign his statement.
The accused, Mr Sonnyboy Phakimphi Mnisi of KaMhlushwa, faced charges of raping, sodomising and killing his daughter, Ayanda Nokuvela Khoza. His lawyer, Adv Malangute Malangute submitted in court that Mnisi was pleading guilty to the charge of murder and on count two and three he was pleading not guilty to rape per se, but was pleading guilty to charges of committing a sexual act with the dead body of his daughter. In the pleading statement, it was mentioned that on August 15, 2012 Mnisi allegedly went to his mother’s place in Boschfontein, where he found his mother, sister-in-law and the victim. He allegedly informed them that he was taking the child with him to KaMhlushwa.
They left Boschfontein and arrived late at his house. He prepared a grass mat for her and gave her a blanket after which he went to sleep. He mentioned he was awoken by sounds in the early morning, went to check what was happening and discovered she was having an epileptic fit.
“Watching my daughter suffering like that broke my heart. I felt sorry for her and decided to end her pain,” read the statement. Mnisi hit her head against the floor until she died after which he raped her. The following morning he confessed his acts to his family and the police were called and he was arrested.
After reading the statement, Mnisi’s lawyer then asked him to sign. Drama ensued when Judge Nomsa Khumalo asked the accused if he was indeed confirming the content of the document.
Mnisi then pointed to his lawyer, whom he accused of showing him photos of the deceased. “He showed me post-mortem photos of the opened body and said I was the one who did that to her. I did not open the child and the house on the photos is not mine,” said Mnisi.
The judge asked him several times if he understood and agreed with the content of his pleading statement and he responded by talking lengthily on the post-mortem photos he had seen.
“Do you confirm that you killed your daughter?” asked the judge. “He showed me photos saying I did that to the victim,” he answered. Malangute then stood up in court and asked to withdraw himself from the case. “I feel that if I continue to represent him, I will not be doing justice. I withdraw myself from this case,” he said.
The case was postponed to February 10.
