THE Makhado regional court sentenced Doris Mthembi to six years behind bars for perjury after she lied about being kidnapped and raped at gunpoint by her former husband businessman, Goddard Mugwena in 2010.
The evidence proved that Mthembi was in Thohoyandou when she received Mugwena’s call and not in Nkowankowa as she had testified.
State prosecutor, Hilke Janse van Rensbug also proved that Mthembi travelled from Thohoyandou to Makhado, where she met with Mugwena in Eltivillas at around 17:00 on the day in question.
Mugwena testified that he and Mthembi had consensual sex and he denied raping her.
According to Mthembi’s lawyer, Adv Mbonani Moyana, phone or network data could be manipulated.
Moyana said the court was supposed to punish Mugwena for sleeping with Mthembi without her consent. He said the court was punishing the rape victim instead of punishing Mugwena, which was unfair. “My client’s case was never investigated properly by the police. The senior investigation officer misled the court, so how can one defeat the ends of justice if investigations were not conducted properly? The evidence given to the court was an ambush against her because the documents of her case were stamped elsewhere, not in Makhado.
“Why was a rape victim’s statement taken in the charge office, instead of going to a separate room?
“My client is not guilty,” Moyana insisted.
Magistrate Patrick Cloete sentenced Mthembi to a total of 10 years’ imprisonment.
However, he suspended four years for a period of five years, leaving six years that Mthembi would have to serve.
Cloete said perjury was a very serious crime.
He said Mthembi’s verdict would send a clear message to the community that lying before a court of law was a serious crime.
Mthembi is still facing charges of conspiracy to murder and to commit fraud. She is due to appear before the Sibasa regional court on January 8 in this regard.
