Rape-accused claims complainant was sex client

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A rape-accused from Phola Trust outside Hazyview claimed on Friday that he was a male prostitute, the Nelspruit Regional Court heard.

Jimmy Mkhabela said at least one of the four women accusing him of rape had been his client.

Mkhabela appeared in court alongside co-accused Solomon Abraham Nkosi, 24. They were arrested in 2011 following farm attacks in White River.

Mkhabela faces four charges of rape, one of compelling another person to witness a rape and three of armed robbery.

Nkosi faces three charges of rape, one of compelling another person to witness a rape and three of armed robbery.

They have both pleaded not guilty.

On hearing that the court had DNA evidence linking Mkhabela to one rape, he whispered in his lawyer’s ear, instructing him to make a submission to the court.

“It is my instruction that the complainant had consensual sex with my client, as DNA linked him in that regard,” said his lawyer, Simon Magagula.

Magagula said on the other three rape counts, nothing was found to implicate his client.

He asked the court to acquit his client, noting that the Pretoria Forensic Laboratory had not produced a report as to who took the blood samples and how they were transported or analysed.

Nkosi’s lawyer Nico du Plessis also asked the court to acquit his client for the same reasons.

“On the pointing out [of the scene], it is my instruction that it was the police who told him where to point out and stand, and have his photos taken,” Du Plessis said.

The court heard that two men matching the description of the accused entered three different houses between February and June 2011, and held up the occupants using a knife and a firearm.

The first attack took place on February 3, 2011, in Spioenkop outside White River. Two women, aged 25 and 47, were held captive, raped, and robbed of R3000, five cellphones, two iPads and a Hyundai vehicle.

The second attack took place on February 7, 2011, at a farmhouse in White River where a 33-year-old woman was raped in front of another elderly woman, and they were robbed of an engagement ring, two silver rings, three cellphones and a bicycle.

The third attack was at Hillsview in White River on June 9, 2011, when a 30-year-old woman was robbed of her cellphone and cash, before the attackers took turns raping her.

Prosecutor Derrick Mashego asked the court to convict the men.

Magistrate Eddie Hall postponed the case to April 22 for judgment and sentencing.



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