Lawyer Seeks Acquittal of Rape Suspect

Luqmam Cloete

18 July 2011

A lawyer representing a suspect accused of raping a 12-year-old girl rejected the child’s testimony as “unsatisfactory” and requested his client’s acquittal during his closing arguments in Keetmanshoop Regional Court on Friday.

Percy McNally argued the complainant was a most “unsatisfactory and evasive witness”.

He added that the girl had admitted to “downright lying on several occasions while resorting to long periods of silence before answering questions during cross- examination”.

“It will be submitted that a reasonable court, acting carefully, cannot convict the accused on the strength of the evidence of the complainant, or other witnesses who testified against the accused,” McNally contended.

At the start of the trial the accused, Johannes Koos Jossop, had pleaded not guilty.

Jossop, who was 43 years old at the time of the alleged office, is accused of sexually molesting the child, whom he had raised as his own, against her will on separate occasions between December 1 2007 and January 20 2008 at a farm in the Berseba district.

State Prosecutor Veiko Alexander admitted in his counter-arguments that the complainant had shown a high degree of “untrustworthiness” during her testimony.

But, he added, the court could not discharge the accused.

“Evidence should only be regarded as utterly destroyed if no material part of it can be believed,” he added.

Alexander said the court should take the complainant’s age into consideration before giving value to her testimony.

He added that the complainant could not recall the correct sequence of events in court because she had been traumatised and subjected to prolonged cross-examination.

Regional Magistrate Sunsley Zisengwe is expected to deliver judgement on August 12.

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