State argues Ninow is not remorseful
The state maintains that the accused's guilty plea was not genuine.
Nicholas Ninow appears in the North Gauteng High Court on the first day of his trial, 9 September 2019, Pretoria. Picture: Jacques Nelles
Nicholas Ninow is remorseful for his actions, his Legal Aid lawyer Herman Alberts told the court during sentencing proceedings on Thursday. He maintains that his client understands what he has done, and although he should be punished, the court should also consider rehabilitating him.
Alberts made arguments in defence of Ninow, arguing that he had a history with substance abuse and a broken childhood.
The state, however, opposed the notion that Ninow was remorseful.
“Ninow’s guilty plea was not genuine.
“Remorse must be sincere,” the court heard. Ninow’s version is still that the victim came to him in the bathroom.
“He remembers the last aspect of flushing some items down the toilet except for those which are in direct opposition of his plea of impulsive action.” It is that point that highlights Ninow’s questionable remorse, the state argued, as Ninow did not tell the court that he attacked the child.
Evidence from a J-88 form compiled at Mamelodi hospital shows that the victim weighed only 21kg (at the time of the incident).
The state has placed it on record that they are calling for the harshest sentence possible of life imprisonment as “the accused needs to be stopped.”
Court has adjourned for recess.
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