Cape Town - The Western Cape High Court has ruled against an appeal by a man seeking to get his conviction and sentence for life imprisonment for rape overturned.
Edward Owen Grootetjie was convicted and sentenced to life imprisonment for the rape of a then 6-year-old in 2018. Grootetjie was 59 at the time of his arrest on February 1, 2020.
The appeal against his conviction and sentence was heard on June 9 and judgment on the matter delivered on June 14, in the presence of Judge Derek Wille and Acting Judge Iain Bremridge.
The victim was 8 years old when she testified via an intermediary. She testified that on the day of the incident, she went to play with her cousins at her aunt’s residence nearby, where Grootetjie resided at the back of the house.
The girl said that while her cousins went into the house to watch television, she remained outside. Grootetjie called her but she refused to go with him. He grabbed her and threw her on to his mattress.
The girl had tried to leave but was prevented by Grootetjie, who covered her with canvas. She testified that he raped her by lying on top of her. Her mother heard her cries for help and intervened.
The medical report showed evidence of vaginal penetration and a forensic analyst proved that the semen found on the girl’s underwear matched that of Grootetjie.
Grootetjie pleaded not guilty to the charges and claimed that due to having consumed alcohol and drugs, he was not aware of the age of the girl.
However, he could not relay details leading up to the incident when confronted by the girl’s mother and aunt.
A witness testified that she was sitting outside the house when her sister informed her that someone was with Grootetjie. They approached him and found the girl underneath him.
According to the witness, Grootetjie was under the influence of alcohol but was not confused and angry that the canvas partially covering him was removed.
Grootetjie has a previous conviction for a similar sexual offence dating back more than 20 years.
His conviction appeal was dismissed and his conviction confirmed. His sentence and sentence of life imprisonment appeal was also dismissed. Grootetjie was also found unfit to possess a firearm.
The judge found that the lower court “did not err” when imposing a sentence of life imprisonment.
“Also, the appellant did not show any remorse. Instead, he sought to suggest that the complainant, a 6-year-old child, was in some way responsible for his unlawful conduct. Undoubtedly, the circumstances of this case demand that the appellant for all practical purposes be incarcerated for an extended period,” the judge said.