BAIL DENIED FOR COUSINS ACCUSED OF RAPING TEEN

TWO COUSINS from Lerato Park, who are accused of raping a 19-yearold woman earlier this month, were denied bail in the Kimberley Magistrate’s Court yesterday.

Thabo Mtisane, 26, and Xole Moqhuzu, 24, have been accused of the sexual offence which allegedly occurred on the evening of Tuesday, June 6.

While the cousins maintain that the charge is little more than an effort by the applicant to mask her own infidelity, the court yesterday ruled against them as the magistrate opted to send out a message that violence against women needed to be stamped out.

In their affidavits, read to the court during yesterday’s bail application, both accused indicated that they would be pleading not guilty to the charge, with the cousins claiming that the complainant and Moqhuzu had been involved in a romantic relationship, which had been kept quiet in order to prevent the 19-year-old’s boyfriend from learning of her infidelity.

According to Moqhuzu’s statement, the rape allegations stem from the fact that the applicant’s boyfriend had become aware that she had had consensual sex with him, which she then denied, instead accusing both cousins of raping her.

While Mtisane maintained that he had not had intercourse with the victim at any point, Moqhuzu admitted that they were intimate on the night in question but stated that this had been consensual.

In the absence of the lead investigating officer, Warrant Officer Jacob du Plessis stated yesterday that it was not in the interests of justice for the two accused to be released for the duration of their trial as it was important for the court to send a clear message that violence against women would not be tolerated.

Du Plessis added that since both of the accused as well as the complainant all live in Lerato Park, there were no guarantees that the accused would refrain from interfering with witnesses and the investigation, while their release would also likely see the victim’s movements restricted out of fear of running into her alleged assailants.

While testifying during the bail application, Du Plessis said that the complainant and her sister were on their way to visit a friend on Tuesday, June 6, at about 6pm, when they were approached by the accused, who were not known to them.

At this point, the siblings parted way when the complainant’s sister returned home after she remembered that she had to complete an assignment.

Once the cousins were alone with the complainant, it is alleged that Mtisane took out a knife and ordered the victim to accompany them to his shanty.

“Mtisane said that if she screamed or refused to accompany them, he would hurt her,” Du Plessis told the court. “When they got to his shanty, the victim went into the bedroom and sat on the bed.”

“Mtisane ordered her to undress but she refused. He then undressed her top half and forced her to lie down as he undressed her bottom half.”

It is alleged that Moqhuzu then proceeded to rape the complainant, without using a condom, before Mtisane forced her to have non-consensual but protected sex with him.

“When they were finished, Moqhuzu left while Mtisane sat with the victim through the night,” said Du Plessis. “In the morning, Moqhuzu returned. The applicant says she asked if she could leave but they refused.

“Later in the afternoon, both accused, along with the complainant, left the shanty and were later approached by the victim’s boyfriend. He tried to talk to them but the accused ran away.

“She (the complainant) was taken home where she told her mother what had happened. They then contacted the police.”

Du Plessis said that there was no indication that Moqhuzu and the victim had been in a relationship, but added that there were no signs of forced penetration listed on the J88. “There were probably no signs of forced penetration because she was afraid and didn’t fight back,” he reasoned.

The defence maintained that the State’s case was not strong enough to justify keeping the cousins in custody, pointing out that there was still DNA evidence outstanding and that there had been no evidence of forced penetration when the victim was examined by medical professionals on June 7.

Questions were also raised regarding why the applicant’s sister had decided to return home when she did and why the victim had not called for help, when there were members of the community within earshot, while she was on her way to Mtisane’s shanty and when she was in the room where the incident allegedly occurred.

However, the State also questioned the validity of the accused’s account of events, asking why they had run away when approached by the complainant’s boyfriend.

Prosecutor Kutelani Matambela further asked why the applicant would have accused Mtisane of raping her if she had been in a relationship with Moqhuzu and stated that the reason why the applicant had not called for help was due to the fact that she was terrified of her assailants.

When denying the accused bail, Magistrate Neo Mokoto agreed with the prosecutor, saying that the pair had failed to prove exceptional circumstances justifying their release on the schedule six application.

The magistrate also agreed that fear may well have prevented her from calling for help and that a clear message needed to be sent out that violence against women would not be tolerated.

“The argument that the victim should have screamed for help does not hold much water as there is so much rape and abuse going on that women would do anything to escape this type of crime with their lives,” said Mokoto. “The reason why the victim is alive could well be because she complied with the perpetrators.

“According to the complainant, she doesn’t know the accused but it appears they live in the same vicinity and the court is of the opinion that the likelihood exists that they may interfere with the investigation and the applicant.

“There aren’t any sufficient exceptional circumstances. In fact, there are no exceptional circumstances, whatsoever, to warrant their release. Therefore, bail is denied.”