The state will use a one-week adjournment to mull over developments in axed deputy president Jacob Zuma’s rape trial and decide how to proceed.
The trial to determine whether Zuma is guilty of raping a 31-year-old HIV-positive family friend on November 2 entered its ninth day in the Johannesburg High Court on Thursday.
Prosecutor Charin de Beer told reporters if she announced on the return date, March 23, to close the state’s case, the defence would then start with their proceedings.
This could include the defence invoking Section 174 of the Criminal Procedure Act, which enables a discharge on the grounds that the state’s case is so weak it is not necessary for it to answer the allegations.
Outside the court, Zuma’s supporters huddled together as this was explained to them through a megaphone.
”We will be here at 9am on March 23,” said the man briefing the group who held posters saying that Zuma had been treated like a dog and proclaimed his innocence.
The ”One in Nine” protesters, camped out at a far corner of the court building in their support of the woman, were also briefed, while court security guards quizzed reporters for an update on the case that has gripped the nation.
Bedroom
Earlier, the court heard investigating officer Superintendent Peter Linda corroborate testimony by his senior Commissioner, Norman Taioe, that Zuma pointed out a guest room where the woman says she was allegedly raped to police investigating the charge.
Linda said Zuma was asked by Taioe ”in his cool voice”: ”Will you please show us the alleged scene of the crime?”
Zuma then led his attorney Michael Hulley, Taioe and Linda to the guest bedroom. Linda said Taioe then asked Zuma: ”Is this where it happened?” The accused then said it was. Hulley was present at all times.
Zuma says he and the woman had consensual sex in his bedroom on the first floor.
In exchanges peppered with verbal sparring, Linda told Kemp he had asked Zuma to show him his bedroom after being shown the study in the house. In that bedroom, Taioe asked: ”What happened here?” The accused replied: ”Nothing”, Linda testified.
After Zuma’s room was photographed, samples of his blood, hair and pubic hair were taken by Johannesburg’s chief district surgeon.
Earlier this week, Taioe recounted his questioning of Zuma at his house on November 15. He told the court it had ”slipped his mind” to write in his statement that Zuma had pointed out the guest bedroom.
But Kemp said it was ”highly improbable” he forgot, given his 32 years’ experience. Taioe is currently the head of Johannesburg’s detective services.
Linda and Taioe’s first consultation with Zuma was at his Nkandla home in KwaZulu-Natal where he and Taioe were given a statement by Hulley. In this statement he denied his guilt and made no mention of the consensual sex.
During cross-examination, Kemp asked Linda if he had read any newspaper articles containing Taioe’s evidence. Linda replied: ”I don’t read newspapers because I don’t have time.”
Kemp asked Linda why he had gone to Zuma’s study and why the pictures of the study submitted into the record were not included in the index of the photograph album.
Linda said they went there because in the statement the complainant explained something about the study. Kemp replied: ”There is not a single word referring to the study in the complainant’s statement.”
Linda later said that to him the study was not that important, but it would give him an indication of where in the house the study was.
Aids
The court also heard evidence from virology specialist Professor Desmond Martin who explained that the risk of acquiring the virus through unprotected sex is three in 10 000.
When examining the woman after the alleged rape, Dr Mupata Likibi previously testified that she had a tear between 2mm and 5mm on her ”fourchette posterior” — in her vaginal region.
Martin said the risk of contracting HIV could increase to one in 1 000 if the HIV-affected person had a high viral load and a low CD4 count — a measure of the clinical symptoms of Aids.
Bleeding, abrasions, genital ulcerations, not being circumcised or inflammation through sexually transmitted diseases can increase the risk of acquiring the infection to one in 100.
Martin began his testimony by explaining that the disease is caused by two viruses — HIV1 and HIV2. HIV1 is subdivided into three groups and there are several subdivisions within these.
He said a number of these sub-types recombine with each other to form ”circulating recombinant forms” (CRFs). Fifteen CRFs of HIV exist due to the genetic diversity of HIV1. Exposure to specific sub-types can lead to ”super re-infection”. That virus can become dominant and an individual cannot mount an adequate response to the new virus.
A normal CD4 count ranges between 500 and 1 200 and anti-retroviral treatment is usually recommended if it goes below 200.
Martin said that the lower the CD4 count in a body, the higher the viral load.
In previous testimony the woman said she would not have had sex without a condom, explaining there was a chance of reinfection as well as contracting a sexually transmitted disease, or passing the virus to a partner.
Kemp said Zuma will say that, after realising neither had a condom and during intercourse, he had asked the woman if he could ejaculate inside her. — Sapa