Pretoria - North Gauteng High Court Judge Papi Mosopa has found Dros rapist Nicholas Ninow guilty on four counts to a chorus of yeses from the packed courtroom gallery earlier on Monday.
Judge Mosopa in finding Ninow guilty said the court would be rejecting his version of events because the victim, even though she was a minor when it happened and somewhat unclear of the day in question when giving her testimony initially, she had managed to inform the court that he had actually found her in the toilet after relieving herself.
Judge Mosopa said in taking the eight-year-old's testimony, she was seven years old at the time of the attack, he took into consideration the child’s age and the period of time that had lapsed since the crime.
He added that even cross-examination by Ninow’s defence, Herman Alberts, who had tried to dispute who was in the bathroom first which the girl repeatedly denied, didn't discover anything new.
As it stood Judge Mosopa said from evidence led by the State, Ninow had no reason or explanation as to why he moved closer to play areas in the restaurant.
Why he made crude utterances of wanting to have sex with a female in the company of another man.
But most importantly why he had decided to use the women's toilets.
Ninow’s failure to take the court into his confidence in his own admission of guilt, according to Judge Mosopa meant inference of the following could be made: “The courts can draw inferences that he saw the child in the play area of the restaurant, followed her to the bathroom and eventually raped her.”
Judge Mosopa found Ninow guilty of two counts as of rape, possession of illegal substances and defeating the ends of justice. He was acquitted on assault charges.
Sentencing was postponed to October 16-17 for pre-sentencing, victims report and psychological report on Ninow as per Alberts' request.