Durban - The lawyer for a metro policeman accused of raping the friend of his ex-girlfriend in a Durban hotel room, has claimed in court that the complainant could have made up the incident to extort money from his client.
The defence and prosecution in the case of Superintendent Sydney Dhladhla, 44, were making their final submissions in the Durban Regional Court on Friday.
Dhladhla has pleaded not guilty to rape but admitted to having sex with the 21-year-old complainant, saying it was consensual.
According to the charge sheet, the incident took place in July 2012 at the Holiday Inn Garden Court Marine Parade.
Dhladhla and his friends had travelled to Durban from Johannesburg for the Vodacom Durban July.
The policeman, his former girlfriend, Lerato Mohatle, her friend (the alleged victim), and Dhladhla’s three male friends had booked into the hotel.
The court had heard previously that the complainant had arranged to stay with another friend, but she decided to stay at the hotel and share a room with one of Dhladhla’s friends when she could not reach her friend.
The complainant had later complained to the hotel staff that someone had come into the room, had sex with her, and then left. She apparently did not know who it was.
Referring on Sunday to the evidence of a hotel cleaner and security guard, as well as that of Mohatle and the complainant, Dhladhla’s attorney, Benny Ndaba, said the State’s evidence was contradictory.
“According to the accused, he said, ‘I slept with her and she knew’. It is the evidence by the State that this is what the accused said. The complainant comes with a different version. She said, ‘I thought it was Lerato (sleeping with her)’.”
Ndaba further said that the complainant had testified that she had told a security guard at reception what had transpired, but that the guard denied that the complainant had said anything to him, except that she was crying.
“After the sexual act, she (the complainant) asked the accused, ‘Why are you doing this to me because you are Lerato’s boyfriend?’ And then she says she didn’t know who the accused was.
“When you look at the evidence of the complainant, first, she could hear the person waking her and she said she thought it was Lerato because there was an arrangement for her (Lerato) to sleep with the complainant. Lerato denies the arrangement.”
Ndaba further said the complainant was awake, but said nothing when she was turned around on the bed.
“Then her clothes were taken off, then penetration. And nothing was said or done to prevent it. She said she was scared. That is not rape,” Ndaba said.
“She did not say anything. Instead, when the person (Dhladhla) leaves she goes to the bathroom to freshen up. You’re concerned about how you look, that does not indicate a person who has just been raped. The complainant is not being truthful to the court. She gave consent,” he said.
Ndaba also argued that the complainant had testified that she was in her room during the alleged rape but she did not know who had opened for the cleaner later.
“She (the cleaner) said she knocked on the door and the person inside opened. That is the evidence by the State. If she doesn’t remember who opened the door (for the cleaner), does she remember if she gave consent?”
Magistrate Trevor Levitt asked Ndaba why then the complainant appeared traumatised in court and was seen upset and crying in the hotel passage.
“She decided… she would go and complain rape, it’s not far-fetched,” replied Ndaba.
“Only she would know what happened. She might have been faking.”
Asked why she would fake being raped, he said: “Probably she wanted compensation. It’s not something that could have not happened. She might have seduced him knowing exactly what she wants. She wanted to extort money from him, or (wanted) the accused to spend some time and talk to her, which the accused didn’t do and she felt abused.”
Added Ndaba: “It is my submission that it (the evidence) should be rejected.”
Prosecutor Krishen Shah said the complainant had freshened up after she was raped, crying and violated. “What was expected of her to do?”
Clarifying the evidence of the cleaner, he said: “The cleaner said, ‘I knocked and she (the complainant) ordered to open, not that she went to open. It appears the cleaner opened the door. According to this woman, she (the complainant) was drunk,” said Shah.
Judgment has been reserved.
Daily News