Rape case of man (91) struck off roll
A 91-YEAR-OLD man whose rape case was struck off the roll earlier this week, has expressed shock that he was arrested for the crime.
"I do not have the power to rape anyone," said Solomon Mpayase, of Clau Clau township near Kabokweni in Mpumalanga.
National Prosecuting Authority spokesman Mthunzi Mhaga said Mpayase's case was removed from the roll because there were no witnesses. "The case was struck off the roll due to the unavailability of state witnesses. Once they have been located, they will be subpoenaed and the case reinstated so that the trial can proceed."
But Mpayase, who is now short-sighted and uses a stick to balance himself when walking, does not think he will ever set foot in court again because "there is no case against me".
"When night comes, I just sleep. I do not even think about a woman. It has been a difficult time for me and my family. I have a wife, but we do not sleep together anymore because I am old.
"When this thing came out, I dreaded hearing my wife ask how I could sleep with a young girl when I do not sleep with her," he said.
Mpayase is accused of raping a 12-year-old girl.
When Mpayase appeared in the Nelspruit Regional Court on Tuesday he stood in the dock for a few seconds as the interpreter told him the case had been struck off.
He has impaired hearing and kept asking what was being said. The interpreter had to speak loudly for him to hear, but he still did not understand.
His son, 62-year-old Moses Mpayase, was in court and called out to his father and they left the courtroom.
Moses said he was glad the case was thrown out of court. "I know that the charge carries a long and heavy sentence. We would not have loved to see him go to jail. We all know that sometimes the justice system is not fair. I had faith that the case would not go anywhere. I am happy that we can go back to living normal lives now."
Solomon said: "Now, I am free. I am happy. I eat properly and sleep peacefully".