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A 50-year-old man has been sentenced to life imprisonment for raping an elderly woman by the Atamelang Regional Court.
National Prosecuting Authority (NPA) spokesperson Sivenathi Gunya said Tlotlano Simon Monnatshitlo attacked and raped Kelatlegile Angelina Phaka, who was 82 years old when the incident happened.
The woman went to the neighbours to report the rape and police were summoned.
“Upon arrival of the police, the complainant was taken for a medical examination, and a case was reported. The accused were subsequently linked through DNA and both were arrested. The third perpetrator could not be linked by any evidential material. The co-accused later died before the matter could go on trial, and the accused, Monnatshitlo, was left as the only accused in this matter as a result,” Gunya said.
During his trial, Monnatshitlo pleaded not guilty to the rape charge and chose to remain quiet, allowing the state to establish its case beyond a reasonable doubt.
By the time the trial commenced, the victim had passed away; consequently, the state submitted an application under Section 3 of the Law of Evidence Amendment Act to allow her hearsay statement to be admitted as evidence.
The court approved the state’s application, and the accused was convicted based on the dead complainant’s hearsay evidence, testimony from two state witnesses, and a DNA report that positively identified him.
“Despite pleading not guilty, the accused was convicted based on the overwhelming evidence presented by the prosecution at the conclusion of the trial. During sentencing, the State Prosecutor, Advocate Edward Manicus, however, argued against such deviations that were presented by the defense.
The prosecutor told the court that the victim was defenceless, and the accused took advantage of that, and the court must not deviate from the prescribed minimum sentence of life imprisonment,” added Gunya.
The Regional Court Magistrate, Stephan Du Toit, agreed with the state and sentenced the accused to life in prison.
Dr Rachel Makhari, the Director of Public Prosecutions in the North West, welcomed the sentencing and praised the prosecution and other role players for ensuring that justice was delivered to the victim.
“This sentence serves as a crucial deterrent against the perpetrators of gender-based violence in our country,” Makhari said.
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