Thu Oct 27 16:58:59 SAST 2016

Lawyer claims rape-accused doctor's case is full of holes

By unknown | Jan 23, 2007 | COMMENTS [ 0 ]

Thozi Manyisana

Thozi Manyisana

The lawyer of a King William's Town doctor who allegedly raped a patient has likened his client's case to that of ANC deputy president Jacob Zuma.

Sizwe Mxenge appeared in the Zwelitsha magistrates' court in the Eastern Cape on Friday.

It is alleged that Mxenge raped the 32-year-old woman in the doctors' residence at Bhisho Hospital in November last year.

Mxenge's lawyer, Ronny Lesele, further argued that there exists an audio-tape with a recorded conversation between Mxenge and the alleged victim in which she allegedly says: "You did not rape me . I was angry because you did call me and ask how I was".

"This case is similar to that of JZ because there are uncertainties," Lesele argued in a bid to convince the magistrate to strike the case off the court roll.

But the magistrate was not convinced and said: "The man on the street would not understand [if the case was struck off the roll]. They would say 'here is another Zuma'."

Lesele also said that the first doctor who examined the 32-year-old woman had said that he could find no sign of rape.

Lesele then claimed the police were abusing their powers.

"The only reason that this case is dragging on is that you are abusing your powers," Lesele told Director Mark Magadlela, provincial commander of investigations.

Magadlela denied that the police were abusing their powers, adding that his investigating officer was doing his duty, which was to investigate every case.

Magadlela said the state wanted to investigate the authenticity of the audio-tape, the circumstances in which the tape was recorded and the intention behind the recording of the tape.

He said it would take a minimum of four weeks to verify that the tape was real and had not been made using coercion or manipulation, and at least two more months to complete the rest of the investigations.

Postponing the case to March 30, the magistrate said he agreed with Lesele that the case should be finalised "as soon as possible".

"If it's not finalised, there will be no further postponement," he added firmly.


Login OR Join up TO COMMENT