Did woman protect rapist?

THE Director of Public Prosecutions has been ordered to investigate whether charges of defeating the ends of justice should be instituted against a Khayelitsha woman.

The Western Cape High Court believes she may have lied when she testified in a case involving a man who was convicted of raping a child.

Judge Diane Davis gave this order after convicting Odwa Nkololo, who stood trial for raping an eight-year-old girl.

Judge Davis also ordered the police to investigate whether the girl was safe in the woman’s care.

Nkololo and the woman, who cannot be named, were very close.

Nkololo was on Monday convicted of another rape and murder, of four-year-old Iyapha Yamile, about a month after the eight-year-old girl was raped.

Judge Davis said she was convinced the woman “had a motive to protect the accused” (Nkololo).

The judge said the woman “prevented” the eight-year-old girl from telling the truth in court that Nkololo raped her, and coached her what to say.

Nkololo said the DNA found on the girl was his sweat as they shared the same bed, but could not explain how his semen got into the girl’s panties.

However, Judge Davis said the DNA in the girl’s panties “was not sweat” but semen.

The judge said Nkololo had testified that the evening before the rape he had sex with the woman and the girl might have rolled on the bed to where his semen was.

The woman had testified that she received a call at her workplace on March 24 last year from her cousin that the child had said Nkololo had raped her. She had earlier left the child with Nkololo.

Later that day, the child told her aunt that Nkololo had sexually forced himself on her, but when she testified in court, she said Nkololo only touched her private parts.

“This version not only contradicts what she told witnesses on March 24, but was at odds with the forensic evidence,” said Judge Davis, adding that the woman “deliberately frustrated the rape investigation”.

In his defence, Nkololo had testified that after walking the woman to a bus stop, he returned home and the girl was having a fit, and sweating.

He removed her top and tights so she could cool down. Once she was calmed, he said, he went to sleep.

Judge Davis said she was satisfied with the testimony of the aunt and described it as truthful.

She said the woman’s testimony was unconvincing.

Sentencing is expected on August 27.