No early acquittal for rape accused

THE trial of two men accused of raping and assaulting a 28-year-old Keetmanshoop resident will continue, after Judge Kato van Niekerk yesterday rejected their motion for acquittal.

“The State has provided sufficient evidence, therefore the court declines the defence counsel’s discharge application,” Judge Van Niekerk said. With the continuation of trial yesterday in the High Court at Keetmanshoop, Judge Van Niekerk said there was evidence that linked the accused persons to the complainant and placed them at the crime scene.Defence Counsel Winnie Christians, in his motion for acquittal on Monday after the prosecution rested its case, argued that evidence presented by the rape victim had been of poor quality and had been contradicted by the evidence given by other State witnesses.In addition, he said, the victim had admitted that she had lied to the court after it was put to her that her court testimony differed from the statement she had made to the Police a day after the alleged rape.He further claimed that the woman appeared confused when tested under cross-examination because she “was guessing most of the time”.However, Judge Van Niekerk said the mere fact that the victim was guessing most of the time does not mean all her evidence should be rejected.”A portion of the victim’s evidence will be rejected, but a portion will be accepted,” she said.According to Judge Van Niekerk, most of the complainant’s evidence was supported by State witnesses who had testified in court.Alex Johannes Roos (30) and Immanuel Claassen (32) have pleaded not guilty to charges of rape and attempted rape respectively.The rape victim testified that Roos had raped and assaulted her in a dry riverbed at Keetmanshoop on February 5 2005, while Claassen attempted to rape her.The trial continues today.With the continuation of trial yesterday in the High Court at Keetmanshoop, Judge Van Niekerk said there was evidence that linked the accused persons to the complainant and placed them at the crime scene.Defence Counsel Winnie Christians, in his motion for acquittal on Monday after the prosecution rested its case, argued that evidence presented by the rape victim had been of poor quality and had been contradicted by the evidence given by other State witnesses.In addition, he said, the victim had admitted that she had lied to the court after it was put to her that her court testimony differed from the statement she had made to the Police a day after the alleged rape.He further claimed that the woman appeared confused when tested under cross-examination because she “was guessing most of the time”.However, Judge Van Niekerk said the mere fact that the victim was guessing most of the time does not mean all her evidence should be rejected.”A portion of the victim’s evidence will be rejected, but a portion will be accepted,” she said.According to Judge Van Niekerk, most of the complainant’s evidence was supported by State witnesses who had testified in court.Alex Johannes Roos (30) and Immanuel Claassen (32) have pleaded not guilty to charges of rape and attempted rape respectively.The rape victim testified that Roos had raped and assaulted her in a dry riverbed at Keetmanshoop on February 5 2005, while Claassen attempted to rape her.The trial continues today.