Nicholas Ninow in court at the start of proceedings. Picture: Goitsemang Tlhabye

Pretoria - The image of Nicholas Ninow walking into the female bathroom stall of the Dros restaurant in Silverton with his red T-shirt is the image that now haunts the little girl every night before she goes to sleep.

State prosecutor, Dorah Ngobeni, said according to a victim impact statement, the girl verbalised how she was having nightmares of the incident.

Ngobeni questioned Ninow's remorse stating that if he had indeed been sorry for his actions he would have taken the courts into his confidence and told the truth as to what really happened on the day.

Instead, she said Ninow was now trying to seek a "discount" by blaming all of his actions on the drug addiction he had been battling with since he was 13-years-old.

This as she said he had failed to indicate at any point during the trial proceedings that he wanted to apologise to the family or the little girl until now.

Ngobeni said what made the poem Ninow wrote particularly telling was how he had also put himself in the poem and what he was going through.

Ninow vehemently denied looking for a discount or not being genuine. 

Repeating that a sober him would have committed the said act and that he acknowledged that he had to pay for his actions.

Ngobeni also brought the courts attention of how Ninow was described by his own fiance in a probation office'rs report, as being more sexually active after having consumed excessive amounts of alcohol and drugs, but said he had never forced himself on her.

“I put it to you that you intended on having sexual intercourse on that day and there is no such thing as it happened on the spur of the moment as you would like this court to believe.”

Court proceedings are expected to continue after an adjournment.

Pretoria News