Ninow planned to have sex that day, state argues in Dros rape trial

Child rape accused Nicholas Ninow in court. File photo.
Child rape accused Nicholas Ninow in court. File photo.
Image: Gallo Images/Phill Magakoe

Nicholas Ninow, who has confessed to raping a seven-year-old girl at a restaurant in Pretoria, intended to have sex on the day of the incident.

That's according to prosecutor Dora Ngobeni who, during arguments in the case against Ninow at the high court in Pretoria on Thursday, submitted that his version of events should be rejected.

Ninow pleaded guilty on Monday to raping the child at the Dros restaurant in Silverton in September 2018.

"He had an intention to have sex, be it with a child or anybody because he had made utterances before meeting the child," Ngobeni said.

Ngobeni said he had told a manager and another man in the bar area that he would have sex with a woman who was at the restaurant with her partner.

She argued that Ninow merely pretended to be remorseful by pleading guilty.

Ngobeni said Ninow's version of events, that the child found him in the bathroom cubicle, could not be true as the child contradicted it.

"That version doesn't hold water. It is against this background that the state decided to call the child. The child ... ended giving up a logical explanation of what happened. The evidence of the child still stands."

Ngobeni argued that Ninow had lied about going to the ladies bathroom to hide from the manager as he had previously offered him drugs.

"It can never be true that he hid himself in the ladies bathroom because he was scared the manager would find him. If that was the case, would he have offered the manager the drugs if he was afraid of the manager?"

The accused, having seen the child in the playing area, sat there with the intention of preying on her, Ngobeni argued.

"It is my argument that him changing tables after making utterances that he wanted to have sexual intercourse with an unknown woman, he had the intention of having sexual intercourse on that particular day."

Ngobeni further argued that there was no reason for Ninow to move to the kiddies' corner of the restaurant.

"He planned this whole incident, he preys on a child who is powerless, vulnerable to an extent that when the mother called out the child's name, she could not respond because the accused threatened her," Ngobeni argued.

"There was no impulsive reaction. The incident did not happen as he explained."

Ninow, according to Ngobeni, also did not explain why he was found wearing only underwear.

"His version regarding the sequence of events should be rejected. The court should find that the accused saw the [victim], followed her, threatened her and then raped her," Ngobeni said.

When Ngobeni dealt with the assault charge judge Papi Mosopa told her he had a serious problem with the count.

"None of the witnesses said they were assaulted," he said.

Ngobeni conceded that the belt Ninow was waving at the mother, the child minder and waitresses when he was caught in the bathroom cubicle, did not strike anyone.

The case continues.


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