Gyna has case to answer over rape incident
Lebogang Mosikare | Friday February 28, 2020 17:44
The 48-year-old Marco Antonio Cruz-Gurrero, allegedly raped the complainant in an ultrasound room on March 10, 2019 at NRH to satisfy his sexual lust. Cruz-Gurrero is also charged with another count of indecent assault that he allegedly committed on a different woman at NRH.
He allegedly committed the two offences during the course of his duties. Before he received the outcome, Cruz-Gurrero had previously made an application of a no case to answer through is attorney Thekololo Letsholo. But Chief Magistrate Faith Dlamini-Ngandu quashed Cruz-Gurrero’s dream of getting an acquittal and returning to Cuba when she ruled that he had a prima facie to answer in connection with raping the complainant.
When delivering her verdict, Dlamini-Ngandu said that samples of DNA that were extracted from two condoms that were found in the dustbin in the ultrasound room matched those of the accused and complainant.
“The evidence led by the prosecution meets the essential elements that the accused has a case to answer. So, the state has successfully executed its burden and duty to prove the guilt of the accused. Therefore, the accused has a case to answer,” said Dlamini-Ngandu.
After the magistrate delivered her verdict, Letsholo told the court that they would lead their case by sworn evidence.
The case could have proceeded to the defence stage, but that did not happen because of the absence of substantive prosecutor in the matter. It has now been set for continuation of trial on March 6.