UPDATE: VIDEO: State wants cellphone of #DrosRape accused
The state prosecutor said the phone would be valuable evidence.
The State has asked for access to the cellphone of a man accused of having raped a seven-year-old girl at a Dros restaurant in Silverton.
This was done on Tuesday during the second appearance of Nicolas Ninow (20) in the Pretoria Magistrate Court.
Ninow also faces charges of possession of drugs and intimidation.
ALSO READ: UPDATE: Dros rape suspect remains in custody
Prosecutor Sanet Jacobson asked Magistrate Mali Mokoena for an order that the cellphone of Ninow be handed in. She argued that it would form part of crucial evidence for the State.
Riaan Du Plessis – Ninow’s Lawyer, opposed the application, saying his client’s cellphone was private.
Mokoena indicated that Jacobson would have to submit a formal application to get access to the phone.
Ninow did not plea to the charges. Members of the media, represented by attorney Willem de Klerk, applied for permission to photograph the court proceedings. Mokoena granted the application, but did not indicate whether the photographs could be published.
After Mokoena ruled that the media could take photographs of the man as his name and face were already in the public domain, members of the public that were in the gallery applauded in jubilation.
While court adjourned and those in the gallery were taking photographs of the accused, people from the gallery took to their feet hackling at him. “His disgusting face must be seen,” remarked someone from the gallery. He covered his face in a hoodie and bowed his head, while statements like “you hang your head in shame, but you weren’t shameful when you raped her,” were yelled from the gallery.
ALSO READ: ‘Dros rape’ case picket leads to CBD street closures
Extra security was deployed including armed police inside court.
People on social media have come out guns blazing, calling for the man to be named and shamed with some sharing pictures and videos of him.
According to legal advisor for Caxton Local Media, Helene Eloff, the prohibition on identifying an accused in sexual offence cases originates from the Criminal Procedure Act. She discussed the law with Rekord on Friday.
“It is not an ethical rule that can be argued around in the name of public interest. It is the law – an unbreakable, non-bendable rule.”
“And he who breaks the rule, may be criminally charged.”
She said this was the reason the identity of an accused person in a sexual offence matter was not revealed.
“Not because we disregard public interest, not because we have limited our editorial freedoms, but because of the nature of statutory law.”
After Makoena allowed the media to take photos in court, the media was addressed by the NPA’s Spokesman Luvuyo Mfaku. Mfaku was asked whether publication of the images were authorised, to which he replied: “The court was clear on that, the horse has bolted…”
In this video, Mfaku explains the contents of sections 153 and 154 of the Criminal Procedure Act. He also refers to the factors of this particular case (which informed Rekord’s decision).
WATCH:
This morning’s events created room for editorial discretion and Rekord elected to identify Ninow. Photographs taken in court will not be published, as this was not included in Mokoena’s judgment.
ALSO READ: UPDATE: VIDEO: Dros to cover medical bill of 7-year-old ‘rape’ victim
Outside court, different organisations came together in song and dance in support of the family.
The ANC Women’s League provincial secretary said they were glad that the man abandoned bail.
“There are many families that are going through a hard time because of rapists,” she said.
“Him being behind bars shows that there will be even more justice going forward.”
Holding up a placard DA ward councillor Siobhan Muller said: “I am doing this for all the girls who have been raped and never came out.”
Ninow will remain in custody until 1 November.
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