Acting Judge Rasigamani Bhika denied alleged Daveyton/Thembisa serial rapist Sipho Lucas Phiri’s application to recuse herself from the trial during a Gauteng High Court sitting at the Benoni Magistrate’s Court on March 20.

The application was submitted to the court on March 17 by defence counsel Advocate Marianne Mampuru, claiming that the judge had acted with prejudice during State prosecutor Esther Kabini’s initial cross-examination of the accused.

Contained in the application, Mampuru’s claims included the court showing favouritism towards the State, admonishing the defence unfairly and not admonishing the State for the use of unacceptable language.

Reading her judgement, Bhika reiterated that it is the court’s judicial duty to oversee a speedy, fair, and respectful trial.

“The claims stipulated in the application could not be proven with evidence and could not be proven to be reasonable. It is therefore denied,” she said.

The former PRASA security guard wrapped up leading testimony in his defence, on 44 counts of rape, during a Gauteng High Court sitting at the Benoni Magistrate’s Court on March 11.

The Chief Albert Luthuli resident pleaded not guilty to all charges of rape allegedly committed between 2018 and 2023 in Thembisa, Norkem Park, Daveyton, and Putfontein.

ALSO READ: FOLLOW-UP: Phiri maintains sexual encounters were transactional

He is facing additional charges, including 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.

During his testimony, the father of three confirmed that he had sexual relations with the complainants, on whose testimony he was responding.

He stated that he admitted to the complainants that he was married and that he was only interested in sex in exchange for money, with amounts ranging between R500 and R1 500.

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.

Responding to questions presented during the state’s cross-examination, Phiri confirmed that during his employment at PRASA as well as GWS Security (from 2017 to December 2020) and Vast Protection Services (January to February 2021) he carried an issued 9mm pistol or shotgun.

Upon his arrest on January 22, 2023, the firearm license holder, issued in line with the Firearms Control Act 60 of 2000 and granted in August 2019, was in possession of a Taurus .38 special revolver with five live rounds of ammunition.

He said that during the time of the alleged rapes, he owned a silver Ford Fiesta hatchback, but later acquired a silver Hyundai Accent.

Recap of proceedings

• State prosecutor 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, 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.

• The defence requested a postponement until November, in order to further prepare the accused’s testimony relating to the testimony of complainants and witnesses brought before the court.

• The trial was postponed to November 13 but was again delayed to November 19 after Mampuru took illBhika 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.

• On February 23, Mampuru requested to address the court regarding the ongoing media presence, broadcasting and reporting of the trial.
Phiri claimed that his wife and children have become the victims of cyberbullying as well as physical bullying within their community, school and workplace, due to the charges brought against him.
Bhika reiterated that the order granted in favour of the Benoni City Times and ENCA stands and will not be overturned without the submission of an appeal.

• Phiri refuted claims that he used a firearm to threaten the women and said that their encounters were consensual.
He alleged that the rape charges were brought against him out of vengeance because he did not give the women money as promised.

ALSO READ: FOLLOW-UP: Phiri back on the stand