Court reprimands poor investigating

MBOMBELA – Victims’ continuous failure to positively identify their attackers has led to one of two men accused of terrorising the community of Matsulu being acquitted of all charges and walking out a free man from the Nelspruit Regional Court, while his co-accused was sentenced to 30 years in prison.

James Lamola (31) and Mr Frank Nobela (38) were both arrested in 2008 on charges of a series of rape, armed robbery and house robbery.

However, the Nelspruit Regional Court heard that all the victims were only able to positively identity Lamola as the perpetrator behind their attack during identification parade and could not identify his co-accused because he had covered his face with a balaclava when the incidents took place.

The crimes happened between June 22, 2007 and July 17 of the same year.

One of the victims testified how she had been approached from behind, immediately after exiting from a bus in Matsulu and how she tried to run from the assailant behind her to another man who was walking in front, who then pointed a firearm at her as did the one behind him.

One of them then grabbed her bag and they both forced her to walk with them to an isolated dilapidated house where they took turns raping her.

She was left in the bush near the Mgwenya River. The victim identified Lamola but couldn’t identify the other suspect as he had been wearing a balaclava at the time.

The following day (June 23, 2007) two other women were again attacked in a similar fashion by Lamola.

They testified in court how he had forced them to walk with him into the bush where he made them to undress and raped them while the other suspect was watching and pointing a gun at them.

The court also heard of another victim whose house had been broken into and who was subsequently raped by three men covered in balaclavas in front of her children.

It also heard how two men attacked a man walking with his girlfriend near a bridge and how one of them kidnapped the woman. The man’s house was robbed on the same night.

DNA results linked Lamola to all the cases as his semen were found on some of the victims’ underwear. He was then sentenced.

When passing judgement, the magistrate, Mr André Geldenhuys lambasted the poor efforts of the investigating officer in some of the charges as there was not enough evidence to link Nobela to them.

“Saying that the victim recognised them by their voices is not accurate. No court will consider that unless there is compelling evidence,” he said.

Nobela was then acquitted of all charges.