Pakistani rape convict appeals

A Pakistani national, convicted of rape and trafficking in persons, is appealing his conviction and sentence in the Windhoek High Court.

Fahran Khatri (33) was sentenced by Swakopmund regional magistrate Gaynor Poulton to 15 years on the rape conviction, and a further five years on the trafficking conviction.

According to court records, he trafficked a 16-year-old girl in Swakopmund, and had sexual intercourse with her against her will.

He now claims the magistrate erred when she allowed the defence during the trial to cross-examine the complainant extensively on her sexual experiences.

According to Advocate Slysken Makando who represented Khatri in the appeal, the evidence presented by the State during the trial is inadmissible, and should never have formed part of the record.

He further argued that evidence was presented by the complainant herself that the encounter between her and Khatri was consensual, and she was never forced to have intercourse with him.

Withregardstothetrafficking convictions, Makando argued that the complainant testified she willingly met with Khatri, and there was no coercion.

State Advocate Palmer Kumalo, on the other hand, argued that the complainant did testify that she did not want to have intercourse with Khatri, and she told him to stop.

However, after one of his co-accused told her to just do it, she went ahead.

He said her participation was induced by a person only identified as Beverly, and also by the monetary reward used to influence her mind.

With regards to the claim that the complainant accompanied Khatri willingly, Kumalo said pressure was brought on her, which amounts to coercion.

Hearguedthattheclaimbythe appellant that the complainant was already sexually active and not a virgin, which would not make her “exceptionally vulnerable”, is hogwash.

Kumalo said it is clear from the evidence that Khatri wanted to have sex with the complainant – and to this end, he paid his coaccused to groom and convince the complainant to accompany Khatri, and have intercourse with him.

This, he said, is the definition of trafficking, and asked the court to dismiss the appeal.

Judges Naomi Shivute and Philanda Christiaan, who heard the appeal, will deliver the ruling on 7 June.

Khatri remains in prison as a sentenced offender.