Alleged rapist was chased away

The lead was one male person who was involved in all five cases.

AVIWE HOYA, the alleged Khayelitsha rapist, was chased from the home he shared with his uncle because he was robbing people.

This was the testimony of investigating officer Mziwethu Sidinana at the Western Cape High Court yesterday.

Hoya’s case involves five young girls who were raped between September 2011 and August 2012. One of them, who was so traumatised, committed suicide.

Hoya has been charged with kidnapping, robbing and raping five Khayelitsha pupils. State prosecutor Maria Marshall contends the victims were on their way to or from school when the incidents took place.

Sidinana told Judge Kate Savage that Hoya’s uncle Mninawa Ndina told him Hoya had left for the Eastern Cape during 2012.

Sidinana said attempts to communicate with his colleagues in the Eastern Cape about Hoya’s whereabouts proved fruitless, and he had to go there himself after he found out on the police’s system that the accused was arrested for a robbery he allegedly committed there.

He said Hoya’s case was finalised in the Eastern Cape on October 5 and he immediately arrested him and read him his rights.

He identified him through what the victims told him, that he had a number 28 on his right thumb.

Sidinana said he had enough evidence to arrest the accused.

Sidinana said he became the investigating officer in the case in 2015 and by then no statements had been taken from some witnesses.

He was deployed to the case after police management alerted him that there was a “lead” in the case involving the five girls.

“The lead was that there was one male person who was involved in all five cases.

“The lead did not show who the person was,” he said.

Sidinana said that after he took DNA samples from Hoya he asked the laboratory to fasttrack the results.

He said he arranged for an identity parade and all the victims were available. However, Hoya told him he “does not want to be part of it”.

He said Hoya’s DNA results became available and matched the semen found on all the girls. Hoya was subsequently charged.

Hoya’s defence representative Advocate Bruce Morrison SC told Sidinana that “he is not a gang member (and) there is no information you (Sidinana) have that he (Hoya) was a gang member”.

Morrison said Hoya told him he went to the Eastern Cape to care for his ailing grandfather.

“My instructions were that some of the victims had photos (of Hoya) shown to them.

“While you were in court he overheard a conversation that the victim had said she does not remember him and a photo was shown to her,” said Morrison.

He said he was not in agreement with a statement of the deceased victim being handed in as evidence.

“Her version might differ from what she told her aunt and police,” said Morrison.

Hoya is expected to take the stand and testify today.

Marshall told Judge Savage that “his plea explanation was bare denial”.