The State appealed to the North Gauteng High Court to conclude that the rape was premeditated.
Pretoria – The State started its closing arguments by appealing to the North Gauteng High Court in Pretoria to conclude that Nicholas Ninow had every intention of raping the young girl in the Dros restaurant toilet.
State prosecutor Dorah Ngobeni cited this was due to Ninow failing to take the court into its faith in his statement and rather opting to supply a false version of what actually took place on 22 September 2018.
Ngobeni questioned Ninow’s explanation that the child entered the bathroom as he was using the CAT drug, yet somehow was undressed in the manner that he was.
Furthermore, she said if it truly was about him using drugs, he would have in all likelihood moved out of the child’s way.
“The court should find that he followed the little girl into the bathroom, undressed himself, threatened her and proceeded to rape her.”
“I request his sequence of events be regarded as false and accept the minor’s version that he followed her into the bathroom as the truth.”
Ngobeni said although the child was unsure of what was happening with proceedings initially, she eventually managed to give her testimony to the court.
Ninow’s legal representative, Herman Alberts, agreed with the court to convict his client by his own admission of guilt, however he refuted allegations of premeditation.
Something which presiding Judge Papi Mosopa, asked Alberts to account as to why Ninow kept moving around the restaurant as his version of waiting for someone did not hold any ground.
And why he chose to use the female bathroom after he had already claimed he showed the restaurant manager the drugs.
Something which Alberts could also not account for either.
However, Alberts maintained Ninow did not spend a long time at any of the tables which necessarily gave him a clear view of the kiddies play areas.
“Inference can’t be drawn that he was preying on children by simply sitting at a table.”
He also cautioned the court not to take the statement of the child alone into consideration, as he cited details she neglected to mention, such as the presence of a beer glass in the bathroom.
“The state has to convict him but we ask that it consider the measure,” Alberts said.
Judge Mosopa postponed judgment for Monday, with Ninow to remain in custody.