The high court in Pretoria on Tuesday dismissed Dros rapist Nicholas Ninow's application for leave to appeal against the conviction and life sentence imposed on him.

Ninow was convicted in September 2019 of raping a seven-year-old girl at a Dros restaurant in Silverton, Pretoria. The incident happened in September 2018.

He was sentenced him to life in prison for the rape and five years for drug possession and defeating the ends of justice. The sentences run concurrently.

The application for leave to appeal against his conviction was heard on Friday. When dismissing the application on Tuesday, the court said there were no reasonable prospects of success. 

Ninow's lawyer Herman Alberts had argued that Ninow was “a broken man” whose drug abuse had taken control of his life and actions.

He argued the rape was not premeditated, claiming his client was high on drugs and alcohol.

“He was predisposed throughout his upbringing with drugs. He was addicted.”

Alberts argued that Ninow’s drug abuse was “normalised” throughout his upbringing and he had no chance to avoid it.

In response, state prosecutor Dora Ngobeni argued that the rape was a well-executed plan and that Ninow moved closer to the kiddies' area at the restaurant to prey on a child.

She asked that the court ignore any assertion that Ninow had acted impulsively.

In his judgment on Tuesday, Judge Papi Mosopa said Ninow did not show the existence of compelling and substantive circumstances that the court should deviate from imposing the life sentence. 

Mosopa also said the intake of alcohol and drugs by Ninow was not a mitigating factor to consider when sentencing Ninow. He also said a letter addressed to the family and read in court during the trial did not show remorse on the side of Ninow, but regret.

Alberts said after the judgment he could not comment until he had taken instructions from Ninow.