PORT ELIZABETH - The Port Elizabeth High Court on Friday heard that it was highly unlikely that a 15-year-old teenager would agree to have sex with a complete stranger for R150.
These were the submissions made by State Advocate Garth Baartman during closing arguments in the trial of Nceba Mdingi, 38, charged with raping a girl twice in bushes along a deserted road at Coega in December 2016.
The girl was walking to her mother’s place of employment when the alleged rape incidents occurred.
Baartman told the court that Mdingi was a poor witness and that he made up stories to try and explain away the girl’s injuries sustained during the attack.
Mdingi had earlier testified that a fight ensued between the girl and himself after she took his cellphone.
His version to the court was that the pair had consensual sex after he agreed to pay her R150 for the December holidays, according to Mdingi the girl became angry and took his phone when he could only pay her later that day.
The State argued that on the day of his arrest Mdingi ran away from police and tried to create an impression that he was assaulted by police members.
“The police had to use force and it is improbable that the police would have assaulted him for no reason,” said Baartman.
Defence attorney Xolile Bodlo argued that it was not unheard of that on occasions strangers meet up and have sexual intercourse. The defence said that the teenager was not a reliable or credible witness.
Bodlo said the girl initiated a conversation with Mdingi while walking side-by-side with him, adding that the teenager was comfortable with him.
“Yes, I know she said she was scared, but she was so scared she struck up a conversation with him?" he asked.
Bodlo also argued that a forensic nurse testified that the girl’s injuries could have been sustained by a previous sexual encounter, the previous day.
Judge Dayalin Chetty will hand down judgment on Monday.