Dros rape accused Nicholas Ninow to be sent for psychiatric evaluation

Nicholas Ninow, who is accused of raping a seven-year-old child in the bathroom of Dros restaurant in Pretoria, appeared before a packed Pretoria magistrate’s court.
Nicholas Ninow, who is accused of raping a seven-year-old child in the bathroom of Dros restaurant in Pretoria, appeared before a packed Pretoria magistrate’s court.
Image: THULANI MBELE

Dros rape accused Nicholas Ninow will undergo psychiatric evaluation at the Weskoppies Psychiatric Hospital in Pretoria.

The National Prosecuting Authority (NPA) has confirmed that Ninow, who stands accused of raping a seven-year-old girl in the bathroom of Dros restaurant in Silverton, Pretoria, is on the queue to be admitted to the public hospital on the request of his defence team.

Ninow is said to have been diagnosed with bipolar in 2013. “We did agree as the state. Remember, it constitutes a fair trial. So as the state we did not have a problem when they brought an application seeing that they have also alerted the state [to the fact] that he was actually diagnosed with bipolar in 2013,” said NPA spokesperson Phindi Mjonondwane.

The case has been postponed to November 28 to give Weskoppies time to present a report. Ninow, who faces charges of rape, possession of drugs and assault with intent to cause grievous bodily harm, was remanded in custody.

A man accused of raping a girl in a Dros restaurant appeared in the Pretoria Magistrate’s Court on November 1 2018. The prosecution and defence both argued that it was in the interest of justice for him to be admitted to a psychiatric hospital for observation.

Mjonondwane said  they expected the case to be further postponed as there is no telling when Ninow would be admitted to the facility and how long the evaluation would take.

“We have faith in the work done at Weskoppies and we believe that they are in a position to give a detailed and  truthful report in terms of his mental capacity to stand trial. Weskoppies has indicated that they will try by all means to allocate a bed for him within 30 days …  as to how long the process would take, unfortunately we cannot pre-empt that as the NPA because we are not experts that deal with such observations.”

Ninow’s defence also wanted to run a parallel evaluation process which the prosecution opposed.

“They wanted an additional expert to observe the accused’s mental status and we as the state has refused such an application and said it is premature because Weskoppies has not yet compiled a report.”

Mjonodwane said the defence had all the rights to dispute the report when it is finally submitted but that they cannot bring in an expert of their choice before Weskoppies presented its report. “Only if they are in dispute of the report Weskoppies has compiled, then they can say ‘okay, we want another opinion’,” she said.

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