The seven-year-old girl who was raped in the bathroom of a Dros establishment in Pretoria last year, is expected to testify about the ordeal in the Gauteng High Court in Pretoria on Wednesday…
However, the proceedings are expected to be in camera (behind closed doors) because she is a minor.
The child is expected to testify against Nicholas Ninow, who pleaded guilty to the rape on Monday.
However, the prosecution did not accept aspects of the plea on the basis that the details did not align with the State’s case. As a result, a trial ensued.
Prosecutor Dorah Ngobeni told the court on Tuesday that the child would testify in camera on Wednesday morning and that her mother would testify afterwards.
They are the State’s last two witnesses before it closes its case.
Ninow faces two counts of rape, one of defeating the ends of justice, one of possession of an illegal substance and one of assault.
On Monday, Ninow also admitted disposing of the child’s underwear, which was evidence, and to possession of an illegal substance which tested positive for CAT.
But he pleaded not guilty to assault – a charge which relates to claims that he assaulted two people who found him in the bathroom with the victim on September 22, 2018.
He was originally charged with kidnapping as well, but the State withdrew the charge.
In his rejected plea explanation, which his Legal Aid attorney, Herman Alberts, read out on Monday, Ninow said he went to the females’ bathroom to use the drug CAT, hoping that he would not get caught.
He then lowered his pants to create the impression that he was urinating, while snorting more of the drug.
“While I was busy taking the CAT, the complainant pushed open the door,”Ninow said in the plea explanation.
“The complainant indicated that she wanted to urinate, and I got off the toilet, pulled her pants down and put her on the toilet.”
“In that moment, I acted impulsively and took my penis and forced it into the complainant’s mouth. Thereafter I penetrated the complainant’s vagina with my finger.”
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