Flirting claim in Durban July rape case
Durban - An Ekurhuleni Metro Police officer accused of rape allegedly told a friend the complainant had “made advances”.
Superintendent Sydney Dhladhla has pleaded not guilty before Durban Regional Court magistrate Trevor Levitt.
Dhladhla admitted that he had sex with the complainant, who was then 21, but said it was consensual.
He, his then-girlfriend, Lerato Mohatle, the alleged victim – a friend of Mohatle’s – and three male friends of Dhladhla had driven from Joburg in July 2012 to attend the Durban July.
Mohatle’s friend alleges Dhladhla entered a room at the Garden Court hotel Marine Parade hotel and raped her at about 1am on July 7.
Mohatle testified on Monday that she and her friend had drunk alcohol on the trip and were intoxicated when they arrived at the hotel.
Paul Mafolo, a friend of Dhladhla’s, told the court that the complainant, who was drunk, passed out in his room when they arrived in Durban.
“The complainant had arranged accommodation (with someone) elsewhere, but she could not reach the person on her phone, so Lerato (Mohatle) told her to sleep in my room. I was upset. I told Lerato and the accused (Dhladhla) that I had a wife back home and I did not need the complainant in my room.”
Mafolo said he left to go to a nightclub with Dhladhla and the other two male friends.
“I told Lerato to take the complainant to the room she (Lerato) was sharing with Dhladhla.”
Dhladhla had left the nightclub earlier than he did, Mafolo said.
“The accused said he was going to sleep, so I gave him my room key-card and told him if the complainant was still in my room, he must take her to his room so she can share with Lerato.”
During cross-examination, Dhladhla’s attorney, Benny Ndaba, said his client said he had phoned Mafolo after he left the nightclub.
“He phoned to ask if you liked the complainant as she had made advances on him.”
Mafolo initially said he did not remember the conversation, but then said it was “possible”, after Ndaba said he had referred to the phone call in his statement to police.
Mafolo said he found out later that night that Dhladhla had been arrested after allegedly raping the complainant.
The case was adjourned to later this year.