Infection claim shot down in court

Claims by a man accused of raping a seven-year-old girl that he could not have committed the crime because he was suffering from a sexually transmitted infection were shot down on Tuesday.

Two witnesses confirmed that at the time of his arrest and when he was taken to St Albans Prison he had not given any indication of the alleged infection.

After the state prosecutor, advocate Ishmet Cerfontein, successfully applied to reopen the case against Norman Swartbooi, 30, a registered nurse from St Albans Prison, Zandile Mthobeli, told the Port Elizabeth High Court that at the time Swartbooi was admitted to the prison he did not indicate to her that he had an infection, which she had noted.

“Every time we receive a prisoner [at St Albans], they come to the health section first to assess their wellbeing.

“I ask each and every question [contained in the official documents],” she said.

According to Mthobeli, when she asked Swartbooi if he had an STI or symptoms thereof he said no, which she noted in his file.

Earlier in the trial, Swartbooi had claimed that on July 31 2018, the day he was arrested, he was taken to the Kabega Park police station, where he indicated to officers that he had an STI and had pulled down his pants to prove it.

Arresting officer Sergeant Mzuvukile Lengs told the court on Tuesday that at no stage during Swartbooi’s arrest or at the charge office had he indicated to anyone that he had an STI or dropped his pants.

“You can’t . . . expose yourself in the charge office. It is open plan,” Lengs said.

Swartbooi’s defence counsel, advocate Elsabet Theron, said it was her instruction that when he allegedly dropped his pants it appeared people in the charge office laughed.

Earlier in the day, Theron told Mthobeli her instructions were that Swartbooi was never asked about having an STI.

“Out of his own he did not want to tell you because he was ashamed,” Theron said.

The case was postponed to August 28.