Child victim testifies in-camera at alleged Dros rapist trial
The seven-year-old girl Nicholas Ninow admitted raping at a Dros restaurant in Pretoria in 2018 contradicted his version that she walked into the toilet cubicle while he was in it.
National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane provided the media with an overview of the child’s testimony on Wednesday.
This after the little girl testified in-camera at the Pretoria high court on Wednesday.
No-one was allowed in the court during her testimony.
Mjonondwane said the child was called to disprove Ninow’s version of events.
“The accused, in his version, said the child found him in the bathroom‚ so it was important for the state to then call the child to come and testify about the sequence of events – that, in fact, the accused person followed the child to the bathroom‚” she said.
“By doing that‚ we wanted to prove to the court that by following the child he had intention to harm the child.”
The state‚ according to Mjonondwane‚ also wanted to prove that Ninow’s actions were premeditated.
“We wanted to prove that by following the child‚ he had already planned to harm the child and do what he did to the child‚” she said.
Describing the child’s testimony‚ Mjonondwane said: “She did very well. We wish to commend the child.
“She’s an intelligent child. She did well. We are very proud of her.”
Ninow pleaded guilty to rape‚ defeating the ends of justice and possession of drugs.
He did not plead guilty to assault.
The child’s mother testified after her daughter took the stand.
She told the court that she had found Ninow naked in the bathroom cubicle.
“No parent wants to see what I saw‚” the mother said.
She said her daughter called out for help while Ninow tried to block the door and started flushing some of the young girl’s clothes down the toilet.
The mother’s evidence was heard in-camera at a venue outside the courtroom where Ninow was sitting‚ “to prevent her from suffering further trauma”‚ according to prosecutor Dora Ngobeni.
The woman said she‚ her daughter and a young boy had arrived at the Dros restaurant in Silverton at about 2.30pm.
She registered the children at the kiddies’ corner.
After a while‚ she went to look for her daughter.
“When I arrived at the kiddies’ corner‚ I asked the childminder where the child was.
“She told me she was in the bathroom. I went to the bathroom to look for her,” she said.
The middle cubicle was closed.
“When I got to the bathroom‚ I called out her name and there was no response.
“I then went back to the childminder and we both went back to the bathroom.
“We checked in the cubicle that was not locked. I pushed the second one and called out her name.
“She said ‘mommy‚ please help me’.”
According to the mother‚ the other person behind the door said: “You are disturbing me‚ what do you want?”
“That was when we were forcefully pushing the door.”
She said when the door opened‚ Ninow went out and she took her daughter.
Giving a description of what her daughter was wearing that day‚ the mother said: “She was wearing maroon tights‚ a blue tutu skirt with small dots and maroon takkies.”
When she found her‚ the child was not wearing the tights and the panties‚ the mother said.
She said Ninow was completely naked when he got out of the bathroom cubicle.
“I asked him why he was flushing my child’s underwear – he did not answer me.”
She said she noticed blood on her daughter’s skirt.
“When I picked her up‚ I realised there was blood on her skirt.
“I never checked where the blood was coming from because she was crying.”
Asked what impact the incident had on her‚ the mother said: “No parent wants to see what I saw. “Emotionally‚ I am not OK.” The state closed its case after her testimony.
The trial continues.- TimesLIVE