Weskoppies decision on Dros rape accused Nicholas Ninow today

09 January 2019 - 09:01
By Tankiso Makhetha
Nicholas Ninow, the man accused of raping a child at a Dros restaurant in Pretoria, during his appearance in the Pretoria Magistrate's Court on October 2 2018.
Image: Thulani Mbele/Sowetan Nicholas Ninow, the man accused of raping a child at a Dros restaurant in Pretoria, during his appearance in the Pretoria Magistrate's Court on October 2 2018.

The man accused of raping a seven-year-old girl in a Pretoria restaurant is expected to appear in court today to get confirmation whether a bed has been made available for him at Weskoppies Psychiatric Hospital.

Nicholas Ninow stands accused of rape and being in possession of illegal substances after he allegedly raped the minor in a toilet of a Dros restaurant in Silverton last year.

Ninow is expected back in court where he will be informed whether or not he will be sent to the hospital to be mentally evaluated.

He will be evaluated to determine whether he could be held accountable for the alleged rape of the girl in September.

National Prosecuting Authority spokesperson Phindi Mjonondwane has confirmed that a bed has been made available for Ninow's observation.

"We can confirm that a bed has been made available for the accused and that he will be referred to the psychiatric hospital ... and will be formally ordered to be admitted for psychiatric evaluation," Mjonondwane said yesterday.

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During Ninow's previous court appearance on November 1, the court granted an application brought by the state and the defence to have the 20-year-old accused referred for mental observation.

The court also granted an application by the defence to appoint an additional psychiatrist and clinical psychologist, making up a team of four experts who will observe the accused while he is at Weskoppies - a government-owned psychiatrist institution.

Legal Aid SA lawyer Riaan du Plessis, for Ninow, told the court that there was a need to explore the mental state of the accused at the time of the alleged incident.

He added the accused was diagnosed with bipolar disorder in 2013 and has been using drugs since he was 14 years old.

It was put on record that the accused had previously undergone rehabilitation for substance abuse. "He also tried to commit suicide because of severe depression of having bipolar," said Du Plessis.

State advocate Sanet Jacobson told the court it was in the interests of justice that the accused be referred for observation.

"His criminal capacity might be a relevant issue to pursue because a substance was [also] found on him," said Jacobson.

Ninow allegedly followed the girl to a bathroom and raped her. A video, taken moments after the alleged incident, showed a man covered in blood and angry patrons berating him.