UPDATE: State says Ninow followed child into toilet
In his plea, Nicolas Ninow said he was in the female toilet when the child came in.
Nicolas Ninow followed a 7-year-old girl to the Dros restaurant and raped her, the State said in their argument at Ninow’s trial at the North Gauteng High Court on Thursday.
The state Prosecutor Dorah Ngobeni was rebutting Ninow’s version that he was in the female toilets when the little girl came in.
Ngobeni said the accused entered the toilet minutes after the child.
“He was moving around changing seats so he could see an opportunity,” she said.
ALSO READ: UPDATE: Nicolas Ninow rape trial to start in Pta high court
Ngobeni said this showed that Ninow had the intention to rape the child.
“According to evidence given by Johan Fourie, the accused kept looking at a couple that was seated in the restaurant and made sexual utterances,” she said.
“He said he would be willing to have intercourse with an unknown woman who was sitting with her partner. ”
” He wanted to have sexual intercourse, whether it was with a child or anyone else. ”
Ngobeni told the court that Ninow was at the restaurant preying on powerless and vulnerable children.
She said Ninow wanted the court to believe that it was an impulsive act.
“It was planned.”
Ninow’s lawyer Herman Alberts argued that his client moving tables multiple times at the restaurant did not mean he was preying on children.
He said there weren’t sufficient facts for that assumption to be drawn.
Alberts said Ninows must obviously be convicted, but based on his plea.
ALSO READ: UPDATE: Mother of 7-year-old Dros rape victim testifies
“Obviously the court will have to convict the accused, but the argument is on the sentencing in relation to the facts,” he said.
Ninow admitted to undressing the then 7-year-old victim, forcing his genitals into her mouth and penetrating her vagina with his finger then attempting to flush her underwear.
He further admitted being in possession of and using a drug commonly referred to as CAT and going to the female bathroom.
The EFF’s Mandisa Mashego said even though the state’s case seemed strong, she wasn’t hopeful that Ninow would get a life sentence.
“Our entire justice system is anti-black women, anti-black children, it’s anti-poor people,” she said.
“I would like for Ninow to get a life sentence, but I doubt that will happen.”
Judge Papi Mosopa said he would deliver his judgment on Monday.
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