Port Elizabeth - The Port Elizabeth High Court has convicted twenty-five-year old Donovan Heugh and a teenager of raping a day care teacher.
Heugh was on Thursday also convicted of the pointing of anything which is likely to lead a person to believe it is a firearm, kidnapping and robbery with aggravating circumstances.
His co-accused, who was 16 at the time of the offence, cannot be named because he was a minor.
The youth broke down in tears and punched the wooden dock shortly after he was convicted of rape, kidnapping and robbery with aggravating circumstances.
In July 2017, shortly before 6am, the day care teacher, 33, was waiting for a taxi to transport her to work. The young mother had been standing on the steps of her Bell Road home when she was abducted by the two.
Heugh had gotten out of the vehicle and pointed a firearm at her while the youth grabbed her bag. She was then taken to a bushy area near the Gelvan Sports Grounds where the driver of the Golf left the three and drove off.
The mother was then raped by Heugh and the teen. According to the woman’s testimony the teen was reluctant to proceed with what she "knew would happen”, a reference to the act of rape.
According to the woman, the teen wanted to leave but Heugh had threatened to shoot them both. The court found that the woman was a credible witness and accepted her evidence in its totality.
Judge Glen Goosen said that the woman had presented evidence which was fair, particularly in relation to the teen, this pointing towards her honesty as a witness.
Goosen said that the youth was not a poor witness as he gave an account that corroborated the woman's evidence and contradicted Heugh’s version on almost every aspect.
However, during the youth’s testimony he denied raping the woman and in his version said he was not forced to accompany them to the Gelvan Sports Grounds.
Goosen found that the teen was an “enthusiastic participant” and had indicated in his own evidence that the plan was to rob the woman, additionally denying that Heugh threatened him at any stage.
Heugh, who pleaded not guilty to the charges, earlier said that he had consensual sex with the mother but his evidence was rejected by Goosen who found it ludicrous that the woman would have had intercourse with a complete stranger.
Heugh has a string of previous convictions which range from housebreaking, malicious damage to property, robbery as well as the contravention of the Domestic Violence Act.
The youth's bail was revoked and the case was postponed to January 24 for pre-sentencing proceedings.
African News Agency/ANA