Appeal to acquit rape case teacher

Ex-pupil’s evidence too poor for trial to continue – lawyer

ALAWYER for a high school science teacher accused of raping one of his pupils says the complainant’s testimony was so poor, he should be acquitted of the charges.

Former Linkside High School acting deputy principal Tertius Dorfling will hear his fate later this month.

Dorfling, 55, is accused of grooming and then having sex with one of his former pupils when she was just 15.

The alleged relationship lasted about six months before the woman, now 20, claims she called it quits.

In the Port Elizabeth Regional Court yesterday, defence attorney Alwyn Griebenow, in applying for his client’s discharge at the close of the state’s case, said the evidence was so weak, Dorfling should not be expected to take the stand and answer the allegations.

But prosecutor Kenny van Biljon opposed the request for early discharge, saying the credibility of the alleged victim’s testimony at this stage of proceedings only played a limited role.

The woman, who concluded her testimony on Wednesday, was not in court yesterday.

Van Biljoen concurred with Griebenow that the woman had come across as angry and emotional in the witness box, but said this could not be seen as an indication that she was not telling the truth.

Furthermore, Van Biljon said, the alleged incidents had taken place about six years ago, over a long period of time, and the court would therefore have to decide if the contradictions in her testimony were material.

The owner of a guesthouse in Port Elizabeth – where the woman alleged she had met her teacher from time to time – said Dorfling had checked into the establishment but could not confirm if a young girl had been with him.

“How else would the complainant know about the guest lodge?” Van Biljon asked.

Furthermore, she still had one of Dorfling’s jackets which he had lent her and there were a string of e-mails, Facebook messages and text messages before court, showing how the two frequently communicated.

Van Biljon said while the messages, in which Dorfling refers to his pupil as baby or angel, did not speak of the alleged sex act, it is clear they had more than just a teacherscholar relationship.

“The relationship was romantic,” he said.

But Griebenow said the court could not ignore the young woman’s outbursts and swearing in court.

He said she had even sworn at the magistrate.

“This is indicative of the kind of person we are dealing with, of her character and demeanour,” he said.

“What objective factors are there supporting her allegations?”

The court will give its ruling on July 28.