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Durban - The young woman who claims she was indecently assaulted and raped by senior Durban advocate Mike Govindasamy was a shocking witness who, with her history of almost pathological deceit, should not be believed.
This was the argument of advocate Murray Pitman, for Govindasamy, who made an application before Durban High Court Judge Fikile Mokgohloa on Wednesday for his client to be discharged without having to testify or call witnesses.
If the judge rules in his favour this morning, Govindasamy will be a free man. If she rules against him, then he will have to call witnesses and possibly testify.
Pitman argued that “she is the only witness that says he did it” and, as such, cautionary rules had to apply in the assessment of her credibility.
He said the State had also not dealt with the submissions regarding her “predisposition to lie” and falsely implicate people and the court should make a negative credibility finding.
“She admitted to lying to her dad all the time. She admitted she implicated her father’s staff members with the theft of her brother’s cellphone. She created a completely deceitful and false persona on her Facebook page.”
But State advocate Dorian Paver said these issues had been dealt with by the complainant and by her father.
“If I had called a psychologist to testify that the complainant is an honest witness I have no doubt he (Pitman) would have objected. It is for the court to determine wherein the truth lies,” he said.
He accused Pitman of “elevating little pieces of evidence into material inconsistencies” and said Govindasamy had a case to answer to.