Durban -
A Durban magistrate was prepared to take criticism on the chin by convicting an Ekurhuleni metro policeman of rape, but not handing him the minimum prescribed sentence
, saying a few minutes of pleasure had cost him his career.
The married policeman, Sydney Dhladhla, 44, was on Thursday found guilty of raping a 21-year-old woman at his Holiday Inn Garden Court hotel room in July 2012.
He was sentenced to five years imprisonment by the Durban Regional Court, meaning Dhladhla would only need to serve a minimum of 10 months before being eligible for release.
Magistrate Trevor Levitt said that it was a difficult decision for him to make, and though there would be criticism, he felt that the court should deviate from the minimal prescribed sentence of 10 years for rape.
Levitt highlighted the report of the district surgeon who examined the woman which stated that “there was nothing untoward but there was penetration”.
He said that Dhladhla did not deserve to be sentenced to such a long period, although he reminded the policeman that he had taken advantage of a highly intoxicated woman who was “out of it”.
Dhladhla denied raping the woman – his then girlfriend Lerato Mohatle’s friend – claiming she had seduced him.
He had previously testified that the woman had made advances on him while in the hotel room and that the sex was consensual.
Dhladhla and Mohatle had driven to Durban together with the 21-year-old victim. They had been invited as guests by his friend, Paul Mafolo, on the weekend of the Vodacom Durban July in 2012.
Mohatle had testified that she had been drinking from the time she left Johannesburg with the group, and when she arrived at the hotel later that night she remembered feeling sick and passing out in Dhladhla’s hotel room.
She said her friend – the complainant – was also intoxicated by the time they reached Durban, and was to stay at the hotel because they could not reach the person with whom she had initially planned to stay.
The complainant had vomited and then passed out in Mafolo’s room, the court had heard.
She had later complained to the hotel reception that someone had come into the room, had sex with her, and then left.
She apparently did not know who it was.
Mohatle said that Dhladhla had confessed to sleeping with her friend, but said she had known it was him.
He was later arrested by Point police.
Dhladhla was cross examined by prosecutor Krishen Shah on his request for a lesser sentence on grounds that he had good Christian values.
But Shah asked him: “How does a person keep two women – a pregnant wife at home, spend the weekend with his girlfriend and then have sexual intercourse with another woman?”
Dhladhla replied that there was nothing wrong with having two women in his life and that in his culture he had to treat all women with respect.
He said he supported both of them.
He reiterated his claim that he did not rape the complainant.
During sentencing, Levitt had also taken into consideration the defence’s argument that there was no violence or anything aggravating during the incident.
After being sentenced, Dhladhla applied for leave to appeal which was granted.
He was released on R3 000 bail.
The State was also successful in bringing about leave to seek an increase in the sentence.
Daily News