Incestuous father to be sentenced next month

Lebogang Mosikare | Tuesday July 28, 2015 16:11

 

Passing judgment on Friday, Principal Magistrate Sijabuliso Siziba said the state has proven its case beyond reasonable doubt. The accused, a community leader in Masunga, was charged with having sex with his biological daughter and impregnating her. “The father stood his ground and denied the allegations adding that he couldn’t do that to his daughter,” said Siziba. He said the stepmother of the victim who was his girlfriend set him up in order to fix him after he ditched her for another woman. Siziba said the minor’s evidence in chief was detailed. “She said she had sex with her father in June and October, 2007. She said during their first sexual episode, she was from a funeral with her father and two brothers. “She said while they were still walking along the bush, her father gave her brothers money to go and buy sweets before he took a different route with her,” said Siziba. He added that the victim also stated that while she was still writing her examinations, her father requested her to come to his place to help him sell goods at his tuckshop at Newstands where he resided. The court heard that on several occasions the father demanded sex from the minor. “She said she complied because she was young and was afraid that her father would kill her since he once threatened to shoot her with a gun if she reported their sexual escapades to anyone,” said Siziba, adding that she reiterated that under cross-examination from her father. Siziba stated that the victim’s stepmother, brothers, social worker and the accused person’s younger brother corroborated the victim’s evidence. He added that the investigating officer and DNA’s evidence, which corroborates the victim’s testimony, dealt a fatal blow to the accused’s defence. “The findings by the forensic expert show that 50 percent DNA of the minor and 50 percent DNA of the accused were found on the child the minor conceived with her father. This confirms that the two are biological parents of the child,” said Siziba. Siziba noted that the accused opposed the findings of the expert, stating that since the minor was his child, his DNA will obviously occur in his grandchild’s DNA. Siziba however added that the expert found some abnormalities in the DNA of the child, which is normally caused by the closeness of the parents’ relationship. “…Having carefully analysed evidence that was brought before me and having carefully eliminated the possibility of false incrimination, I am satisfied that the prosecution has proven its case beyond reasonable doubt. I therefore find him guilty as charged,” said Siziba. The assistant Director of Public Prosecutions (DPP) Nomsa Moatswi immediately applied for the accused to be remanded in custody since he had been convicted. The accused prayed with the court to give him a chance to go and hand over documents he has in his possession by virtue of his position back to his employers. But Siziba ruled in favour of the prosecution stating that giving the accused bail pending sentence may defeat the interests of justice.