Durban - A Pinetown man accused of raping an 11-year-old girl says the 11 counts he faces are the result of a vendetta against him by the girl’s step-brother.
The 54-year-old man and the girl’s mother, 50, on Monday told the Chatsworth Magistrate’s Court they intended pleading not guilty to the 11 counts, which included child abuse, rape, compelled rape and sexual assault.
The court also heard from the investigating officer, Constable Anele Jingela, that the girl’s mother had sold her daughter for sex to the man on more than one occasion.
Jingela also said the mother was alleged to have undressed the 11-year-old and locked her in a room with the Pinetown man.
Families of both accused were in court, along with community activists, who voiced their disgust as they listened to the detailed allegations.
Outside court, Chatsworth residents chanted: “No bail. Go to jail.”
The pair, who cannot be named to protect the minor’s identity, were arrested on November 20 and had first appeared in court last week.
According to the Pinetown man’s affidavit in support of bail, read out to the court on Monday by his attorney, Shameer Goolabjith, he is married with three adult children and supports his family as a taxi owner and taxi driver.
The man said he had obtained a peace order from the Pinetown Magistrate’s Court on November 19 against the girl’s stepbrother, which, he felt, led to the “contrived charges” against him in this case.
He said he first heard of the rape allegations on November 16, when the girl’s stepbrother allegedly stoned his vehicle.
He also accused the stepbrother of being a drug addict and had an affidavit from the stepbrother’s father in support of this allegation.
He said the girl was sometimes seen walking alone on the road late at night, which was “not normal behaviour for a young child”.
He denied touching the young girl and denied ever being left alone with her.
He felt the evidence against him was extremely weak and said the girl had never complained to anyone before this.
The mother’s affidavit was also read out to court by her attorney, Ramiah Narain.
The court heard that she was married with one child and lived with her daughter in Chatsworth.
She intended pleading not guilty and said her daughter was being influenced by her stepson.
The pair agreed to abide by any bail conditions.
Prosecutor Owen Subban called Jingela, from the Family Violence, Child Protection and Sexual Offences Unit in Chatsworth, to testify in opposition to bail.
Jingela told the court of three incidents between September and November, as relayed to her by the young girl.
The first was on the girl’s 11th birthday, in September.
It is alleged the mother was seated in the man’s taxi with him when she had called the girl to join them.
The girl was then apparently told to perform oral sex on the man and, when she refused, the mother apparently hit her and then showed her how to perform the task. It was then alleged that the pair had sex in front of the girl.
The second incident was in November at the girl’s home.
It is alleged the mother had undressed the girl, warned her “not to do anything stupid, like scream”, and locked her in the mother’s bedroom with the man, who is then alleged to have had sex with the girl.
Jingela testified that afterwards, the girl said she saw the man pay her mother R300.
“The mother then told the girl to go have a bath,” she testified.
The third incident was on November 8, and again at the girl’s home, and alleged with the same modus operandi as the second incident. Again, she saw the man give her mother money afterwards.
On November 15, Jingela said the girl fled to her stepbrother’s house. She had attended a family function with her mother, and her stepbrother lived nearby.
Daily News
* Use IOL's Facebook and Twitter pages to comment on our stories. See links below.