‘Testing backlog leads to tragedy’

A KwaZulu-Natal judge has flagged the tragic consequences of the backlog in DNA tests in serious crime cases, after a rape accused who was provisionally set free pending DNA testing went on to rape and kill a child.

In April last year, it was reported that the backlog, caused in part by a dispute with a service provider, stood at more than 210 000 cases.

Judge Mohini Moodley, sitting in the Mthunzini Circuit Court, said the matter before her was a “clear example” of the tragic consequences of how the backlog affected victims of gender-based violence and the administration of justice.

“He [the rapist] within a short period of time attacked, raped and killed his next victim.

“Tragic consequences and the loss of an innocent life,” the judge said.

The rapist, who has now been convicted and sentenced to serve 20 years imprisonment, cannot be named because he was under the age of 18 when he committed the crimes.

He was 16 years old in September 2019, when he attacked his first victim – who was also 16 – as she was walking to Sunday school. He had a knife and stalked her until she was in an isolated area.

He was arrested shortly afterwards but charges were provisionally withdrawn. He was freed, pending the return of the DNA analysis from the SA Police Service Forensic Science Laboratory.

Nine months later, in June 2021, he attacked and raped an 11-year-old child. He then killed her, apparently because she had threatened to tell her uncle what he had done.

He was arrested again and charged. When the trial began earlier this year, he pleaded not guilty to the rape and murder charges.

But, Judge Moodley said, after his first victim gave evidence, the man “rethought his plea” and admitted to committing the crimes.

In sentencing him, the dilemma facing the judge was that he was a child-offender and a first offender.