Judge goes through Rhodes Park evidence before judgment

Mduduzi Lawrence Mathibela in white; Edmore Ndlovu, dressed in black and white; and Thabo Nkala, dressed in grey, appeared in the Johannesburg High Court. Picture: ANA

Mduduzi Lawrence Mathibela in white; Edmore Ndlovu, dressed in black and white; and Thabo Nkala, dressed in grey, appeared in the Johannesburg High Court. Picture: ANA

Published Mar 27, 2017

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Johannesburg - A woman could not hold back her tears in the Johannesburg High Court on Monday, when the judge went through the evidence of what transpired when her husband was ordered to wade in the lake by a group of men where he drowned before they raped her. 

The woman was seated next to her friend who also suffered the same calamity with her on October 17, 2015. They were flanked by social workers and MEC for Community Safety Sizakele Nkosi-Malobane. 

On Monday, the South High Court gallery was packed with family members and journalists. They all awaited to hear the fate of three men who are part of a gang that accosted and robbed two couples while taking a stroll at Rhodes Park.

Mduduzi Lawrence Mathibela, 33, Edmore Ndlovu, 24, and Thabo Nkala, 26, have been charged with robbery with aggravating circumstances, rape and murder. 

Prosecutor Monde Mbaqa previously argued that the men should face the same charges because they acted together. Both women had testified and said that different men inserted fingers in their genitals while they were made to lie face down. 

Only Mathibela's DNA was found on one of the victims which tied him to the rape. 

Earlier, Mathibela aggressively left the dock when he was confronted by journalists taking pictures of him. He went down the stairs leading to the holding cells and was heard saying he will come up when the judge comes in. 

"I'm tired of these people taking pictures of me...aargh I'm tired," he said angrily.

He sulked and sat down the stairs while his attorney and police officers asked him politely to go sit in the dock. 

According to the charge sheet, the group, armed with a gun and a knife, forced their victims to lie on the ground. They used a knife to cut off the panties of both women and then allegedly raped them.

They forced their partners to undress and made them wade into the lake where they drowned. The gang stole their clothes, jewellery, and a cellphone.

 

The trio pleaded not guilty and have flatly denied being part of the gang that committed the heinous crime.

The State has relied heavily on CCTV footage to pin the men to the crime. The footage, which has been played in court, was in black and white and showed a group of men running from the crime scene. 

There was also an informer who identified the men on the footage which led to the their arrests.

The trio claimed they were under duress and were coerced by police officers to give their statements. 

Their claims were dismissed by Judge Papi Masopa during a trial within a trial.

Masopa is expected to go through all the testimonies before handing down his judgment.

The matter was adjourned to Tuesday. 

African News Agency

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