A state witness was on Friday called in the Wynberg magistrate's court to testify in the attempted rape trial of convicted murderer Luyanda Botha, who killed University of Cape Town student Uyinene Mrwetyana.
Botha faces an attempted rape charge dating to 2014. The incident happened at a nursing college in Cape Town.
State witness Siphamandla Zibekile told the court in that year he was studying at the Western Cape nursing college in Athlone and knew the woman who alleges Botha tried to rape her. The complainant also studied at the college and lived in the same student accommodation.
National Prosecuting Authority spokesperson Eric Ntabazalila said the complainant opened a case of attempted rape in June 2014.
“The state alleges Botha visited a woman at the institution and found the victim taking a bath at the time. He attempted to rape her but she fought him off. He was later arrested,” said Ntabazalila.
During cross-examination, the court heard Zibekile had returned to the residence from a grocery shop with a friend.
As they were on their way to his dormitory they passed the complainant's block where they heard someone cry out.
“We saw her coming towards us with a white towel wrapped around her and asked what happened and she said someone held her hostage in the shower,” said Zibekile.
“She said the person wanted to rape her.”
When they went into the showers they did not find the suspect and decided to check video footage at the security control room.
Zibekile said she told them a person came in and she could not recall what happened before and after and the complainant was in shock.
He had not seen anyone on the video footage.
Botha has pleaded not guilty.
Earlier on Friday, Oscar Dada, a sergeant in the police family violence, child protection and sexual offences investigations unit in Nyanga, testified he was the investigating officer in the 2014 matter but the case was struck off the roll after the complainant failed to attend proceedings.
He said he had subpoenaed the complainant to come to court and attempted on several occasions to find out why she had not attended the trial before the case was withdrawn.
The case was re-enrolled after Botha, who was a post office worker, received three life sentences for the Mrwetyana crimes.
When the complainant gave her statement on the day of the alleged attack she cried and was in shock, but Dada said he had not noticed anything out of the ordinary.
He did not know she had gone to a doctor for a report on the day after the incident and only found out in 2019.
State prosecutor Xolani Ncobo questioned why he had learnt this after four years.
Dada said the complainant recognised the accused from a 2019 case — Mrwetyana was murdered in August 2019 — and she had gone to Dada’s superior to inquire about her case.
Ncobo asked Dada whether he followed up on her medical examination. He said he spoke to staff members but was told the folder could not be found as most records dating back more than five years are discarded or destroyed.
During cross-examination, attorney Kyle Petersen, Botha’s lawyer, asked Dada whether he had given the complainant an official form to document medical evidence that may be needed to obtain a conviction in an assault case.
Dada responded that if there was a reason based on what he had seen or what he was told, he would have given her the form.
The case is to resume next Friday.
TimesLIVE
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