A 31-year-old Eastern Cape man should be jailed for life for raping an elderly woman and trying to kill her husband, the Grahamstown High Court heard on Tuesday.
Beneza Allah, of Phumlani, Jansenville, who was 29 at the time of the crimes, appeared before Judge Zamani Nhlangulela, who convicted Allah on October 3.
The court heard that the couple, in their mid-60s, were walking home from church late at night on August 21 2005 when they were confronted by Allah and battered unconscious with a large stone, or similar object.
State advocate Heinz Obermeyer said the attack ”was premeditated and as brutal as it was heinous”. He said the severity of the assault amounted to grievous bodily harm, and that rape, in conjunction with excessive violence, warranted the imposition of a life sentence.
The woman had suffered deep lacerations to her head and multiple bruising, and was throttled until she became unconscious.
”The lack of further injuries is only due to the fact that she lost consciousness and could no longer resist the rape.
”Not even the arrival of two eyewitnesses on the scene prevented him [Allah] from continuing to rape the comatose woman. This is indicative of the arrogance and blatancy of the accused.
”He has shown no sign of remorse and despite the DNA tests of her blood being found on his clothing, he still continues to protest and maintain his innocence.”
Obermeyer said the woman was under psychiatric care and continuously haunted by her experience.
Turning to the injuries suffered by her husband, he cited the severe facial injuries sustained, eyesight problems possibly caused by brain damage, and the fact that if the blow had landed higher on the head, death would have been instantaneous.
Advocate John Kayser argued on Allah’s behalf against a life sentence, on the basis that though his client had been convicted of the crimes, ”they were not the worst-case scenarios”.
He said that Allah was capable of being rehabilitated and that 10 years for rape and 10 years for attempted murder would be an appropriate sentence in the circumstances. These, he said, should run concurrently.
Allah will be sentenced on Wednesday.
Kayser received his instructions from the Legal Aid Board. — Sapa