The alleged Daveyton/Thembisa serial rapist, Sipho Lucas Phiri, has resumed testimony in his defence in a Gauteng High Court sitting at the Benoni Magistrate’s Court, on February 23.

The Chief Albert Luthuli resident stands accused of 44 counts of rape, allegedly committed between 2018 and 2023 in Thembisa, Norkem Park, Daveyton and Putfontein.

Additional charges include 43 counts of kidnapping, 41 counts of pointing a firearm, and 17 more that include fraud, obstruction of justice, compelling someone to witness a sexual act, and contravening the Police and Firearms Control Acts.

Testimony from a representative of the SAPS Forensics Sciences Laboratory in Pretoria (who requested anonymity) said samples from rape kits dated between 2018 and 2023 were analysed and compared to Phiri’s samples. Twenty-one showed the presence of donor DNA matching that of the accused.

Media presence under scrutiny

Before proceedings could begin, defence counsel, Advocate Marianne Mampuru, requested to address the court regarding the ongoing media presence, broadcasting and reporting of the trial.

“My client has informed me that due to the media coverage, his wife and three children have become the victims of cyber bullying as well as physical bullying within their community, school and workplace, she said.

“His children are being referred to as ‘the children of a rapist,’ which has led to physical altercations on the school grounds. This is directly related to the public attention that this matter has garnered.”

In August, the Benoni City Times and eNCA submitted applications to Acting Judge Rasigamani Bhika to record, televise, and photograph the accused as well as parts of the trial.

At the time, Mampuru argued the applications should be denied because of the sexual nature of the case, further claiming that making the former Prasa security guard’s identity known could put his children at risk of victimisation.

The judge ruled in favour of the media applicants, subject to stringent conditions to protect the identities of three minor witnesses.

Reacting to Mampuru’s latest statement, Bhika reiterated that the order granted in favour of this publication and others stands, and will not be overturned without the submission of an appeal.

Recap of proceedings

• The trial against Phiri commenced on August 28, 2024.

• State prosecutor Esther Kabini brought 63 witnesses to the stand to lead testimony against Phiri.
She rested her case on July 9, last year.

• Starting his testimony on July 14, last year, the accused recounted his arrest in Mayfield on January 22, 2022, as well as the three ID parades that followed, on January 24, February 6 and March 28.
The defence is contesting the validity of the parades, which formed part of the evidence presented.

• Mampuru requested a postponement until November, stating that the defence needed time to prepare for the second part of the accused’s testimony relating to the testimony of complainants and witnesses brought before the court.
She indicated that three weeks were needed to present her case further.

• The trial was postponed to November 13 but was again delayed to November 19 after Mampuru took ill
Acting Judge Rasigamani Bhika expressed concern about Mampuru’s ongoing health issues and how the postponement would affect the time frame for the accused’s testimony, which was expected to conclude by December 5.

• The trial was set to continue on November 24, but was postponed to February due to Mampuru’s admission to the hospital.

• The trail will continue until the end of March.

ALSO READ: UPDATE: Phiri trial delayed as defence counsel recovers in hospital

ALSO READ: FOLLOW-UP: Court grants another delay in Phiri case