Durban — In coming to a decision on the guilt or innocence of a 33-year-old man charged with the murder and rape of a 17-year-old, the Durban High Court would have to decide on whether the accused’s version can be accepted.
Judge Bruce Bedderson on Wednesday (today) is expected to hand down judgment to Samkelo Victus Dube who has been on trial since last week over the murder and rape of Sibahle Faith Biyela.
He is also alleged to have assaulted Thandiwe Princess Shange by stabbing her with a screwdriver with the intent of causing her grievous bodily harm.
Dube allegedly assaulted Shange after she intervened as he assaulted Sibahle.
Evidence heard during the trial was that the three were drinking in Dube’s house after he offered to buy alcohol for Sibahle and Shange when he came across them on the road.
Dube bought a type of alcohol the two girls had not wanted, a brand much more intoxicating than the one they had asked him to buy.
Sibahle and Shange left the accused’s place just after midnight. As they were walking home, the accused ran up to them, accusing Sibahle of having stolen his cellphone.
He began assaulting Sibahle. When Shange intervened, she was also attacked. Neighbour, Ntombi Ngidi, came out of her home and helped Shange.
As Shange and Dube were separated in their brawl, Sibahle ran and the accused ran in her direction.
Ngidi testified that previously Dube had allegedly raped another woman in the area and that matter was resolved with no case opened.
Dube while on the stand denied raping the woman Ngidi referred to. He said Ngidi and the said woman were after his property; the duo had already taken over his home wanting to turn it into a shebeen during his incarceration.
His version was that he fell asleep while the three of them were still drinking and he woke up the next morning to find Sibahle lifeless on the ground surrounded by blood. He covered her in a blanket.
He then went to work and he claims that at some point that morning he was robbed of his cellphone, hijacked of the car and held captive for two days at an unknown location.
Dube told the court when he managed to escape he was able to get himself to his aunt’s home in Umgababa where he told her about the dead body he had left behind at home.
On Tuesday, the State and defence addressed Judge Bedderson on the merits of the case ahead of his judgment.
“There is no merit in the fact that Ngidi would fabricate her evidence. Dube said at some stage Ngidi and the woman took over his house while he was in jail.
“He could have asked his brother, whom he lived with at some point, to verify this information,” said senior State prosecutor advocate Khatija Essack.
“And also the first time that the court heard about this was during cross-examination of the accused,” said Essack.
She asked that the court reject Dube’s version of events, adding that to this day no robbery or kidnapping case has been opened by the accused.
“The accused was arrested on the 13th, an entire week after his kidnapping, at his mom’s house in Chesterville. There is no truth to his version,” Essack said.
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