It’s been three years since a Dobsonville girl allegedly was raped but the trial for the 36-year-old suspect only started last week – without DNA-supported evidence.
Suffice it to say justice for the victim is sluggish in the Roodepoort Magistrates’ Court J. Last Wednesday (10 February) the court was shocked to learn that regional court prosecutor Ronald Sithada could present presiding officer Ruby Matthys neither with witnesses nor lead DNA evidence. One witness, the accused’s mother, simply absconded from court while a medical practitioner was never subpoenaed to testify as to the results of the girl’s medical examination, done three years ago.
The suspect stands accused of raping whom he claims to have been his girlfriend, while other charges of kidnapping, attempted murder and severe assault against him are pending. At first magistrate Matthys adjourned the court for an hour to allow the prosecutor to find the accused’s mother, but when that was to no avail she said the discreditable behaviour is “to be frowned upon”.
“It is unacceptable that, three days into trial, at this stage of the prosecution, further investigations are required,” she said to a stunned court.
“It is to be expected that matters have been investigated by the time a trial starts so that it could proceed.
“Let this be a warning to the state – from the day the trial starts, witnesses need to be warned that they’ll be needed in court,” she scolded the defence.
They in turn said it felt as if the judicial system and the state were failing to process the case with dignity.
According to Sithada, the accused has been in custody since 26 December 2014 as there is a real threat to the victim’s life. The accused allegedly kept on intimidating her from inside prison. Sithada, embarrassed by the proceedings, told the Record that in this case law-enforcement did not have a sense of urgency to collect evidence.
Matthys granted the state time until Tuesday 15 March to notify witnesses and ensure the police collect a control sample from the suspect for DNA comparisons. From there the trial will resume.
“Once it resumes this case will continue until it is finished,” she concluded.
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