Alleged rapist to cross-examine victim

A 9 year old boy who was a victim of sexual abused at the Boksburg Kidz Clinic after he got treatment and physco-social treatment at te clinic.01 Picture:Matthews Baloyi 5/31/2009

A 9 year old boy who was a victim of sexual abused at the Boksburg Kidz Clinic after he got treatment and physco-social treatment at te clinic.01 Picture:Matthews Baloyi 5/31/2009

Published Nov 29, 2012

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Durban - In an extraordinary move, the man accused of the brutal rape of a six-year-old girl, will get the opportunity to cross-examine his victim in court.

Gerald Rosselloty, accused of the rape of the child in September 2006, and the murder of his lover, Nokwazi Ntuli in April 2010, is representing himself after firing his legal aid attorney earlier this year.

At the time that Rosselloty opted to defend himself, all witnesses, including the child, had testified.

Both the State and defence had closed their cases and had concluded legal argument, when Rosselloty made an application before Judge Rishi Seegobin to recall witnesses to allow him the opportunity to question them in the interests of justice.

On Wednesday, Rosselloty made an application to recall the child, who is now 12 years old, saying that he has many “material” questions for her regarding her version of events around the incident of rape.

“A lot hinges on her testimony. I have no alternative but to recall her. I will try not to use any crude language that would traumatise her,” he said.

Prosecutor Dorian Paver opposed the application, saying that the child had already been adequately cross-examined by Rosselloty’s former advocate, Chetna Singh, and that to recall the girl would not be in the child’s best interests.

However, Judge Seegobin granted the application on the basis that Rosselloty is facing serious charges, with potentially dire consequences.

“I will allow the child to be recalled as a witness, and at the same time will ensure that she is well protected as much as the law allows,” Judge Seegobin said.

Before the application, Rosselloty recalled his former friend, Candice Hickinbotham, who testified previously in February this year.

She told the court at that time that Rosselloty had asked for her help in trying to fabricate an alibi for the night of Ntuli’s murder.

The State alleges Rosselloty and Ntuli were involved in an altercation leading to Ntuli’s death at Rosselloty’s simplex in Monzali Drive, Hilton, on April 16, 2010, the same day that his current girlfriend, Jogayle Wahl, gave birth to their son.

It is alleged that in an attempt to cover up what had happened, Rosselloty set fire to the home and drove Ntuli’s body to an isolated area, where he placed it on a mattress and set it alight.

Hickinbotham said that Rosselloty told her he was on his way to the Mighty Men conference in Greytown when he received a call telling him that his house was on fire.

“He told me that I needed to help him,” said Hickinbotham.

She explained that later that day, at 3.17pm and 3.19pm, she received two SMSes from him.

The first SMS read that he “was relying on her” and that they were together from 10pm to 1am celebrating the birth of his son.

The second SMS read “10 to 1 we were drinking”.

Hickinbotham said that she automatically assumed that Rosselloty was trying to tell her to tell people that she was with him at the time of the fire.

In contrast to Wahl’s testimony on Tuesday, she told the court that when Wahl first found out that Rosselloty was involved in a sexual relationship with Ntuli, she became so upset that she landed in ICU.

“Jogayle knew that Gerald was not the type who would commit to a relationship, but she thought that after she fell pregnant, he would support her. When she found out that Gerald was still seeing Ntuli, she had a stress-induced asthma attack and was hospitalised,” Hickenbotham said.

She described the relationship between Rosselloty and Wahl as “unstable”. She also said that Rosselloty had assaulted Wahl on occasion, contradicting what Wahl told the court.

 

The case has been adjourned to Monday. - Daily News

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