Rape accused takes on prosecutor

FREELANCE journalist Douglas Mthukwane, 42, accused the DFA of “publishing lies and misleading information” about him while he told the state prosecutor that she was a “subliminal racist” during cross questioning in the Northern Cape High Court this week.

“The case has been dragging on for seven years and I only want to go on and live my life,” he told the court.

He indicated that the 14-year-old girl of whom he is accused of raping in 2016, “became happy and was salivating” upon seeing his private parts when she walked into the bathroom.

“I was in the bath and was naked at that time. She was watching me salaciously. I did not chase her out of the room because she told me that she was not a virgin.”

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He added that they had “desires for each other”.

“We went into the room where we had consensual sex. I was already naked and I helped her to take off her jersey. She removed her underwear and trousers herself.”

Mthukwane stated that he had taken the girl to his flat as she informed him that she was only writing her exam at 9am.

“She asked me about the photographs of my late wife and we had a conversation about how many children I had. You could see that she was someone who was mature. We spoke about love and things like that. I told her that we had lost a child and that my wife suffered from post natal depression. She was asking the questions and was sympathising with me.”

He added that he was aware that she was still in school as she was dressed in a school uniform.

“She told me that she was 16 years old and was turning 17 and was in Grade 10. Wearing a (school) uniform does not mean that you are under-aged.”

He denied that he had raped the girl at gunpoint.

“I never had a firearm, I cannot even use a firearm, no one has ever seen me with a firearm. I have not raped, I do not rape, I am not a rapist. I believed her when she said that she was 16 years old, there were no problems or fighting between us. Afterwards I bought her scones, chips and juice at Pick ‘n Pay.”

Mthukwane maintained that he was falsely charged.

“Sometimes you find that people deny things when they are in trouble. The only thing that I regret was that I cheated on my partner at the time.”

He insisted that the police held a grudge against him because he exposed their corruption in the media.

“The same detectives came to arrest me with the same tactics. They are working together in a cabal. A police officer told me that I would be given a life sentence when I went to Pick ‘n Pay the other day.”

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In an outburst, Mthukwane refused to answer further questions from the prosecutor when the state informed him that it would argue that he was a psychopath.

“I am not going to to be insulted and called a psychopath in this hallowed court that I fought so hard for. You can send me to prison but don’t call me a psychopath. I will use the same means to defend my right not to be subjected to subliminal racism. It is not correct, I cannot be called that. If I am a psychopath, what are you,” he told senior state advocate Adele van Heerden.

“I am a revolutionary, I will not answer questions from a subliminal racist or believes directly or indirectly that I am a psychopath. I will not testify in front of someone who holds the view,” he ranted.

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Van Heerden pointed out that the accused had a similar modus operandi with all three complainants.

“You became angry when they did not do what you wanted them to do and you started kicking things around the house.”

Legal representative Renier Pieterse believed that there was no basis to justify his client being branded a psychopath.

Acting judge Sharon Erasmus requested Mthukwane to calm down and behave, failing which she would issue him with a final warning.

She indicated that he was obliged to answer the questions posed to him and instructed him not to make personal attacks against the prosecutor.

She advised the prosecutor to refrain from making allegations against the accused without supporting evidence.