A forensic nurse testifying in a rape trial said although the injuries the teenage victim presented were consistent with forced sexual penetration, he could not definitely say if they were not from a previous sexual encounter.
Nceba Mdingi, 38, of Motherwell, has pleaded not guilty to two charges of rape. He is out on bail.
The state alleged that on December 19 2016, Mdingi attacked the then 15-year-old victim, dragged her into nearby bushes in the Coega area and raped her twice.
Testifying in the Port Elizabeth High Court, forensic nurse Fezile Mtini said: “The possibility does exist that the injuries could be from a previous sexual encounter.”
During the teenager’s testimony, assisted by an intermediary Noluthando Gewu, she told the court that she had noticed Mdingi following her while she was on her way to meet a friend.
He allegedly grabbed her by her shoulder before tripping her.
She claimed while she was lying on the ground Mdingi got on top of her, and throttled her with one hand while punching her in her face with his other.
It is alleged that he then pulled her up and led her to a nearby bush where he raped her.
Mdingi allegedly then told the teenager to help him look for his missing cattle.
It is alleged that he then led her down another footpath, where he raped her again.
Mdingi then allegedly told her to wait behind a big tree while he went to a nearby road.
The girl said she then ran away. She went to a friend’s house where she relayed her story.
Her friend then took her to her mother’s place of work. The police were called. Minutes before the teenager was to testify in-camera, state prosecutor Garth Baartman presented an application to Judge Dayalin Chetty to have the media and public removed.
However, Chetty shot down the application.
“The media are always welcome in my court,” Chetty said.
The case continues today.
Using WhatsApp? Join our WhatsApp community to get your free daily news brief and breaking news alerts on your phone! Simply add HeraldLIVE’s number, +27 66 354 7020, as a contact to your phone. You will not be able to receive our WhatsApp updates unless we’re a contact. Then send us a WhatsApp message with your name, surname and the word NEWS. For more information click here.