Rhodes Park accused furious at doctor’s testimony
A doctor told a man accused of raping two women and drowning their husbands that he would rot in jail, a court has heard.
|||Johannesburg - A lawyer for one of the three men accused of raping two women and drowning their husbands in a lake at Rhodes Park has told a court that his client said he was insulted by a medical doctor and told that he “will rot in jail” during his DNA examination.
Three suspects - Mduduzi Lawrence Mathibela, 32, Edmore Ndlovu, 23, and Thabo Nkala, 25 - are on trial for allegedly being part of a 12-man gang that accosted, robbed, sexually assaulted, raped and murdered their victims on 17 October 2015.
On Tuesday, Dr Justin Kuya told the High Court sitting at the Palm Ridge Magistrate’s Court how he performed DNA tests on the three men.
“For DNA testing we use blood, saliva and hair, but these days, we mostly use saliva,” explained Dr Kuya.
He told the court that he took DNA samples from Mathibela. Dr Kuya said he opened the box which contained the testing kit in front of Mathibela and took a saliva sample using a swab, which he placed in the exhibit bag. He also sealed it in front of the accused.
At that moment, Mathibela unexpectedly stood up and raised his hand and shook his head in obvious disagreement with the doctor’s testimony.
Unimpressed, Judge Papi Masopa asked Mathibela’s defence to calm their client down before he briefly adjourned the court.
During the adjournment, Mathibela who was visibly upset, loudly complained to his defence that the doctor’s testimony was not true.
On resumption, lawyer Portia Phahlane for Mathibela told the court that her client said he did not see Dr Kuya open the box containing the test kit and he also denied seeing him seal it in a the plastic bag.
“That is impossible, we open everything in front of the suspect. He was facing me and the room is not too big,” retorted Dr Kuya.
“I attend a lot of criminal courts and as a doctor, we know everything that we are doing we are going to be questioned about it in court.”
Mathibela continued to shake his head in apparent disagreement.
Phahlane asked Dr Kuya if he called Mathibela “names” and if he uttered the words “the DNA will come back positive, you are a dog and will rot in jail.”
Dr Kuya denied insulting Mathibela. “It’s impossible, I have 25 years experience in this field and I’m not a junior doctor who will be carried by emotions.”
Phahlane also indicated that Mathibela said he had complained to the police officer who had accompanied him.
The accused said he even asked to be examined by a different doctor, but Dr Kuya refused saying he was the only one to conduct the DNA tests.
Dr Kuya, however, refuted Mathibela claims.
Both women, who survived the ordeal, have already told the court how they were attacked as their husbands drowned in the nearby lake.
The other suspects are still on the run.
Reports suggest that two others have been arrested in neighbouring Zimbabwe, where they are awaiting extradition to South Africa.
African News Agency