Alleged rapist won’t testify

ALLEGED serial rapist Aviwe Hoya wants to be convicted, his legal representative, advocate Bruce Morrison SC, told Judge Kate Savage during closing arguments in the Western Cape High Court yesterday.

Hoya is charged with raping five girls between September 2011 and August 2012.

He allegedly accosted the girls on their way to and from school, threatened them with a knife, and robbed and raped them in an open field behind Esangweni High School in Khayelitsha.

Morrison said he had consulted Hoya and explained his constitutional rights and the right to remain silent.

“I explained the consequences of him not testifying.

“Should he not testify the effect will be that the State’s evidence will go unchallenged.

“He said he does not want to testify in his own defence.”

Morrison said that it is quite clear from the medical reports that there was a force of penetration.

“It cannot be argued that there was no penetration,” he said.

With Hoya choosing not to testify in his own defence, Morrison said: “He understands the position (consequences) and I have explained (them) to him (but) he chose not to testify.

“The accused’s version is bare denial.

“Even if he wanted to testify, it would not have made any difference.

“His own (DNA) sample matched the DNA analysis of the male semen (found on the victims).

“There is hardly an argument to be based by the defence.”

Should Hoya not testify, the State’s evidence will go unchallenged

Police had been searching for Hoya for several years before they eventually received information that he had fled to the Eastern Cape.

He was linked to the crimes via DNA after being arrested for an alleged robbery.

Investigating officer Zwelethu Sidinana identified him through many body features but the most outstanding was a gang number 28 on his right thumb.

Morrison said one of the robbery charges against Hoya should be set aside because he had taken a phone from a victim but later gave it back.

Prosecutor Maria Marshall said the State had proven its case beyond reasonable doubt.

The girls’ testimony was truthful, she said.

Marshall argued that “there are consequences in the accused choosing not to testify (because) there is overwhelming evidence against the accused”.

She said Hoya should be charged with double rapes in some counts because he had raped some of the victims multiple times, taking breaks in between.

One of Hoya’s alleged victims suffering from trauma committed suicide by drinking poison.

Judgment was reserved for Monday.