Rape of 11-year-old: Closing arguments presented in bail hearing
The bail hearing of a 28-year-old man accused of raping and impregnating an 11-year-old Boksburg girl was again postponed at the Boksburg Magistrate's Court yesterday (June 9).
The matter will resume on June 12.
This follows the defence and the State presenting their closing arguments for the bail application.
The accused's lawyer, Frik van Rensburg, said the investigating officer's statement contains no supporting evidence and should not be relied upon.
He pointed out that the child initially denied the alleged rape when questioned by her mother, raising the question of how the court could then accept her version of events.
ALSO READ: State opposes bail as officer testifies in child rape case
'The prompting of the victim could, with all due respect, be indicative of an ulterior motive,' he said.
Van Rensburg said the child was only assisted by her mother when the statement was taken — in English, not her mother tongue.
State prosecutor Kagiso Ralethata argued that the State's case is not weak.
'The only thing outstanding is the DNA results, which could take about nine months. The victim was assessed by a doctor and no independent evidence was handed in to show that the applicant would be acquitted,' he said.
'The contentious point was the circumstantial evidence in the form of a statement from the victim's sister.
'It was highlighted that the witness is out of the country and that the investigating officer has not yet obtained her statement.
'We cannot say whether we will be able to obtain the statement. I will argue that, although the statement is important to a certain degree, it is not a crucial piece of evidence. The State can proceed without it.'
The suspect, who cannot be named to protect the child complainant, was arrested on April 22.
ALSO READ: Rape of 11-year-old: Investigating officer unsure when sibling will return to SA
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