Nicholas Ninow leaves the Gauteng High Court, Pretoria, yesterday. He will learn his fate on Monday.     Thobile Mathonsi  African News Agency (ANA)
Nicholas Ninow leaves the Gauteng High Court, Pretoria, yesterday. He will learn his fate on Monday. Thobile Mathonsi African News Agency (ANA)
Rape accused Nicolas Ninow got some support in court from his mother and grandmother. Picture: Goitsemang Tlhabye
Rape accused Nicolas Ninow got some support in court from his mother and grandmother. Picture: Goitsemang Tlhabye
Dros rape accused, Nicholas Ninow in the dock at the North Gauteng High Court. Picture; Bongani Shilubane/African News Agency (ANA)
Dros rape accused, Nicholas Ninow in the dock at the North Gauteng High Court. Picture; Bongani Shilubane/African News Agency (ANA)
Pretoria - Self-confessed child rapist Nicholas Ninow failed to take the court into his confidence in his admission of guilt statement.

State prosecutor Dorah Ngobeni said Ninow opted instead to supply a false version of what actually took place in the toilet cubicle at the Dros restaurant in Silverton on September 22 last year.

According to Ninow, 21, he raped the girl after she walked in on him while he was in the women’s bathroom using drugs. 

But, during closing arguments yesterday in the Gauteng High Court, Pretoria, Ngobeni questioned Ninow’s explanation. She said that was not the version the girl had given to the court in her evidence in camera.

“She told the court that she went into the bathroom and he came in after her. The court should therefore find that he followed the little girl into the bathroom, undressed, threatened her and raped her.

“I request that his sequence of events be regarded as false, and the court accepts the minor's version that he followed her into the bathroom as the truth.”

Ngobeni said Ninow had told a witness he was willing to have sex with a female patron, who passed them in the restaurant. “He had an intention to have sex, be it with a child or anybody because he had made utterances before meeting the child.”

Ngobeni argued that because Ninow had indicated that he wanted to have sex, he moved to the play area of the restaurant to look for a victim. “That is the only reasonable inference that can be drawn.

“He planned this whole incident. He preys on a child who is powerless, vulnerable, to an extent that when her mother called out the child's name, she could not respond because the accused threatened her.”

Ngobeni said Ninow had not acted on impulse, as he wanted the court to believe. This was why they had decided to call the young victim to testify.

Ngobeni said that although the child was initially unsure of what was happening with proceedings, she had managed to give her testimony to the court.

National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane also applauded her, and said they had managed to prove that by following the child, Ninow had an intention to harm her.

Ninow's legal representative Herman Alberts agreed with the court’s responsibility to convict his client by his own admission of guilt. However, he rejected that they had proved premeditation.

Judge Papi Mosopa asked Alberts to account as to why Ninow kept moving around the restaurant; the judge said his version of waiting for someone did not hold ground anymore.

Judge Mosopa also asked why he chose to use the female bathroom after he had already claimed he offered the restaurant manager the drugs in his possession.

Alberts could not answer, but instead maintained that Ninow did not spend much time at any of the tables, which necessarily gave him a clear view of the children's play areas. “Inference can’t be drawn that he was preying on children by simply sitting at a table.”

He also cautioned the court not to take the statement of the child alone into consideration, as he pointed out details she neglected to mention, such as the presence of a beer glass in the bathroom.

“The State has to convict him, but all we ask for is that it considers the measure,” Alberts said. “You cannot draw the inference that because a person was sitting at a table they were preying on children.”

He argued that Ninow's sexual comments which he made earlier also didn't indicate that he intended to rape someone.

Judgment is expected on Monday.

Pretoria News