By REGINALD KANYANE
21 November 2024- A man (39) was sentenced to 15 years imprisonment by the Springbok Regional Court for rape. On 11 December 2010, the accused, Mervin Morne Cloete, raped a woman (30), who was in a company of her friends.
The victim and her friends, visited another friend in Okiep, outside Springbok. They consumed alcohol in what can be described as a small party.
The National Prosecuting Authority (NPA) regional spokesperson in Northern Cape, Mojalefa Senokoatsane said, the complainant usually sleeps in one of the rooms at her friends’ place, when she is drunk or when she comes from the pub. Senokoatsane said on the said night, some of the friends of the complainant, decided to go to the pub in town, but the complainant and the rest of her friends remained behind because they were heavily intoxicated.
“The remaining friends went to sleep, leaving the complainant in the room, where games were usually played. The complainant was in a drunken stupor on the bed in the room, fully clothed.
“At around 11pm, the victim was awoken by one of her friends. The complainant immediately felt that something was off. She realised that her pants and underwear were cut between her legs, and she felt wet in her private parts,” he said.
Senokoatsane further said, the complainant informed her friend that she suspected that she had been violated since her pants and underwear were cut between the legs, and she smelled like someone who just had intercourse.
He added that she also indicated that she had two kids and therefore knew how someone smelled who just had intercourse.
“She also realised that her cell phone which was in her upper body was also missing. The police were called, coming the next morning and the matter was reported. During preliminary investigations, all her male friends who were part of the gathering on 11 December 2010, were regarded as suspects.
“All of them were questioned and their buckle samples were taken for DNA elimination. All of them were eliminated, thus there was no suspect. The state was unable to proceed due to the lack of a suspect,” said Senokoatsane.
He said on 21 May 2021, eleven years later the accused, Cloete, was arrested on an unrelated charge of Contravening the Conditions of a Protection Order. Senokoatsane said his buckle sample was taken and sent to the laboratory to be placed on the database.
“The Investigating Officer in that matter was informed by the laboratory that a comparative search on the National Forensic DNA Database indicates that the accused arrested on the 21 May 2021 matter, is a person of interest in the rape matter that occurred on 11 December 2010.
“A comparison was done, and in a Section 212 statement dated 14 June 2022, it was concluded that the DNA of the accused taken in the 2021 matter, matches the DNA(semen) that was obtained from the tights and the underwear the complainant in the rape matter wore on 11 December 2010,” he said.
Senokoatsane said the regional court prosecutor in the matter, Basil Kock, after consultation with the victim, gave the instruction that the accused be charged with rape and made his first appearance on 24 April 2023.
He said when the trial was to commence, the accused tried to delay the trial, by submitting that Kock had a personal vendetta against him and should therefore recuse himself from the matter.
“The court explained to the accused after submissions by the learned prosecutor that there was no basis for the prosecutor to recuse himself. The trial eventually commenced on 4 September 2023.
“During the trial, the accused again delayed the matter for a considerable period when he fired his legal aid attorney. A Judicare practitioner had to be appointed, which resulted in further delays in finalising the matter,” said Senokoatsane.
“When the trial commenced, the accused testified by an admission that he had sexual intercourse with the complainant on the said date and place. He further admitted the contents of the 212 statements, which indicate that his semen (DNA) was found on the clothing of the complainant.
“However, the accused claimed that the sexual intercourse was with the consent of the complainant. The accused claimed that he went to look for the complainant, at the residence where the rape took place when he did not find her at the local pub,” he said.
Senokoatsane said he further testified that he found the complainant in the room, where she was sleeping, and he woke her up. He said he indicated that after chatting for a while, they slept together.
“All the above was denied by the complainant who insisted that she was in a drunken stupor and knew nothing about any sexual intercourse. This was confirmed by the state witnesses who testified that the complainant was heavily intoxicated and in a drunken stupor when they left her in the room.
“The accused after being cornered on numerous occasions by the prosecutor informed the court that he did not wish to answer any further questions concerning the rape,” said Senokoatsane.
He said during pre-sentencing, Kock highlighted the seriousness and prevalence of the offence in the court’s jurisdiction. Senokoatsane said Kock also highlighted the psychological effect rape has on victims such as the complainant.
The Guardian 