Magistrate Simon Radasi on Friday postponed the trial of accused serial rapist Mlunghisi Mtshali until February 28 next year after state prosecutors requested more time to conduct their investigations.
“The investigation is still in its beginning stages,” said Carina Coetzee, who was acting for the prosecution
A further four women have come forward with claims against Mtshali (28) since the last time he appeared in court, and investigators are still taking statements from the women. This brings the total number of complainants to 13. Mtshali has already been charged with 20 counts of rape, as well as charges of kidnapping, robbery and assault.
The last time Mtshali appeared in court, the state said it would conduct an identity parade, but this has not yet taken place. Coetzee said the identity parade was not the most pressing issue for the state at this time. This is partly because many of the victims had already seen the accused pictured in the media. This may affect the validity of the identity parade.
More important to the investigation was DNA evidence. According to Coetzee, four positive DNA samples have already been gathered from the victims. DNA will also be taken from the four new complainants and further analysis is to be conducted.
The state is also examining video footage from hotels where some of the rapes took place. Mtshali, who reportedly targeted young women aged 19 to 21, allegedly invited them to celebrate his birthday with him. Thereafter, he would allegedly invite them to accompany him to a nearby hotel under the pretext of fetching a friend or some luggage, where would lure them into a room and rape them.
Investigators have also attained three sets of photographic evidence — two sets from hotels and another from victims.
The state also asked that Mtshali be held at the Johannesburg Central police station’s high-risk facility for an additional two weeks, to allow investigators to obtain DNA samples for analysis and also to hold an identity parade for any victims who may not already have seen his pictures on television.
Mtshali has not applied for bail. He will reappear in court on December 10, when the magistrate will decide whether to detain him at the high-risk facility for a further period or to transfer him to the Johannesburg Prison.
Balancing the rights of victims and accused
The ANC Women’s League has had a constant presence at Mtshali’s hearings and league representatives say they will continue to monitor the trial. Bontle Setshogoe, regional officer of the ANC Women’s League in the greater Johannesburg area, called on the investigating officers to do a thorough job.
“We’re saying to the investigating officer, please do your job properly. He [Mtshali] must rot in jail. There must be no loopholes,” she said. Setshogoe said that rape cases were thrown out of court because of poor investigation on the part of police.
Setshogoe reiterated her belief that police were protecting Mtshali and treating him “with kid gloves”. But this time she went further, saying that rapists should not have recourse to legal counsel “because in the next breath the state is defending them”.
“Even if the Constitution says you have got the right [to legal aid] what about the rights of the victims?” she asked. “He doesn’t look like he’s sorry,” she added. “It’s like he’s saying ‘So what? I’ll get away with it.’ He doesn’t show remorse or show that he’s sorry about what he did.”
But National Prosecuting Authority spokesperson Mthunzi Mhaga said: “Every accused person has a constitutionally entrenched right to legal representation,” he said. “It [legal counsel] is his right.”
Mhaga said he was satisfied with the magistrate’s decision to postpone the trial to next year. “This case needs to be properly investigated so we can present a solid case,” he said, adding that the state has been satisfied with the investigation so far.