Different tune from rape accused

IN A strange turn of events, an alleged Khayelitsha serial rapist, Aviwe Hoya, has retracted from an agreed plea and sentence agreement.

Hoya, 25, was due to be sentenced yesterday after signing a plea and sentence agreement.

The accused is facing five counts of kidnapping, five counts of robbery with aggravating circumstances and five counts of rape.

When addressed by Judge Andre le Grange during the reading of the plea and sentence agreement, Hoya made the retraction.

“I signed the agreement but I do not admit guilt on any of the charges against me. I want to go ahead and have a trial,” he told the court.

Hoya’s legal representative, advocate Wimpie Strauss, said that during consultation, the agreement was discussed and his client had accepted it.

“But if he is changing his mind I will withdraw from the matter due to conflicting instructions. I will notify my office (referring to Legal Aid) to instruct a new lawyer. If no one has been assigned to the case, I will proceed in the interim with the pre-trial proceedings,” said Strauss.

State prosecutor Maria Marshall said she was also surprised by Hoya’s change of mind.

It is alleged that Hoya on September 27, 2011 threatened a 13-year-old girl at knifepoint near Esangweni Senior Secondary School in Kuyasa, Harare.

The teen was on her way to school when Hoya allegedly demanded her earrings and forced her to walk to a field where he proceeded to rape her.

The following year, on May 4, he targeted his second alleged victim, another 13-year-old girl, in the same area.

He is alleged to have robbed the teen of her cellphone, took her to a nearby toilet, forced her to undress and raped her.

His third alleged victim was a 16-year-old, targeted just 17 days later. She was on her way to school when Hoya allegedly robbed and raped her. The State alleged he did the same with his two other victims.

His pre-trial was to begin today.

“I SIGNED THE AGREEMENT BUT I DO NOT ADMIT GUILT ON ANY OF THE CHARGES AGAINST ME.’’