MAKHADO – Doris Mthembi, the accused in one of the province’s most controversial perjury and defeating the ends of justice cases, will know her fate at the beginning of November.
The trial in this controversial case concluded in the Makhado regional court last Tuesday, with magistrate Patrick Cloete reserving judgement for November 4.
Mthembi was charged with perjury and defeating the ends of justice after she opened a case of kidnapping and rape against her former husband, Thohoyandou businessman Goddard Mugwena, in August 2010.
Mugwena earlier lay charges of conspiracy to murder, fraud and theft against Mthembi and her husband, Joe Ragwala.
Last Tuesday, Mthembi testified that she received a phone call from Mugwena as she was on her way to Nkowankowa by taxi.
According to Mthembi, the couple arrived in Nkowankowa together.
“He pointed a gun at me, forcing me into his car,” she testified.
She also claimed that Mugwena assaulted her, before the couple went to a nearby lodge where he is said to have raped her.
Mthembe testified that the couple arrived in Makhado at 21:00.
Under oath last week, she described in detail how she was raped and how Mugwena apparently apologised for his conduct.
She claimed to have met a man who drove her to the police station in Makhado, where she lay charges.
Taking the stand, Mugwena testified that Mthembe’s version of events could not be true as he was in Makhado when he first phoned her. He also denied kidnapping her.
Mugwena testified that he was approached by Mthembi who asked him to lend her a vehicle as she needed to collect outstanding payments from her clients, “she said she did not want to use a car that people knew”.
Mugwena said he took pity on her and booked her a vehicle at a rental company in Makhado.
She was delayed by the taxi, he said, and he informed her that the rental car company was about to close and she would have to collect the vehicle the next day.
“She did not want to do this and turned back to Thohoyandou. She asked me to book a hotel room so that she could be nearer to the car rental company the next day. She invited me to share the room with her and seemed very pleased with me,” he testified.
Mugwena said he and Mthembi had had consentual sex.
“Afterwards she asked me to withdraw the cases of conspiracy to murder, fraud (R800 000) and theft, that I had opened against her and her husband, former Muvhango soapie star, Joe Ragwala. I refused and she threatened to open a rape case against me.
“I drove her to the Makhado police station where she opened a rape case against me. I told the police my version,” Mugwena said.
The case was referred to the Director of Public Prosecutions in Pretoria, Sbongile Mzinyathi, who took the decision that Mthembi should be arrested and charged with perjury.
According to state prosecutor, Hilke Janse van Rensburg, Mthembi and Mugwena’s telephone conversations show that Mthembi had not been truthful.
“She lied to the court under oath. The phone network shows that Mugwena was in Makhado when he phoned at 15:00 and Mthembi was in Thohoyandou, not Nkowankowa. She was never kidnapped because at 17:08 she was in Makhado, not in Nkowankowa as she claimed in her statement.
“When she arrived in Makhado, she phoned her husband and the call lasted for 75 seconds. From 17:00 to 21:00 the record shows that Mugwena was in Makhado.”
A doctor from the Louis Trichardt Memorial Hospital couldn’t concluded that normal penetration occurred.
The lodge owner testified the two arrived at the establishment in relaxed mood.
