Rape accused ‘in bare denial’ of the facts

ALLEGED serial rapist Aviwe Hoya’s defence lawyer could not argue against the State’s case, except to point out that his client was in “bare denial” of the charges against him.

Defence advocate Bruce Morrison told the Western Cape High Court that despite medical and forensic evidence pointing to his client, Hoya maintained his innocence.

“There is compelling evidence on the rapes and the State, no doubt, proved that the rapes occurred. (The accused) ought to be convicted of the rapes… It is quite clear from medical reports that the situations were of forceful penetration,” said Morrison.

Hoya is on trial for allegedly kidnapping, robbing and raping five young girls on their way to school in Khayelitsha.

The victims ranged in age from 10 to 15. It also came out in court that his first victim, in 2011, a 13-year-old girl, committed suicide last year.

Yesterday, the State closed its case and presiding Judge Kate Savage ruled that all evidence would be admitted, including a statement made by the deceased victim, Siyamamkela Gobizembe.

In her statement, Gobizembe said the accused kidnapped her on her way to school and dragged her to an open field where he instructed her to undress.

“The guy was dressed in green pants, a plain, black jacket and a white cap with black takkies. If I can see him again, I would be able to identify him,” she told police at the time.

State prosecutor advocate Maria Marshall said Gobizembe’s statement was corroborated by her aunt, Buyiswa Hlobo’s, testimony.

Marshall argued that there was overwhelming forensic and medical evidence implicating Hoya.

“There was evidence that warranted the accused coming and and answering to the court.

His not testifying should be viewed with consequences,” she said.

Judge Savage will deliver her judgment on Monday. –