Dros rape accused Nicholas Ninow goes on trial despite pleading guilty

News, South Africa

The 22-year-old Dros rape accused, who can now be identified as Nicholas Ninow, has pleaded guilty to raping a seven-year-old girl in the bathroom of a Dros restaurant in Pretoria in September last year.

Ninow’s trial started in the Gauteng High Court in Pretoria on Monday and he was asked to plead to the charges of rape, assault, kidnapping, defeating the ends of justice and possession of an illegal substance.

In court it emerged that Ninow pleaded guilty to rape. He also pleaded guilty to possession of drugs, defeating the ends of justice but not to assault.

The kidnapping charge was withdrawn by the state.

According to the State, Ninow was at the Dros restaurant when he followed the seven-year-old child to a bathroom and raped her. A video taken on the restaurant premises, showed a man covered in blood and angry patrons berating him.

A substance found on Ninow at the time of his arrest also tested positive for CAT, the State alleges.

Despite his plea, the trial continued after the state disputed the accused’s version.

In his plea explanation, read out by his legal aid attorney Herman Alberts, Ninow said he had gone to the women’s bathroom to do the drug CAT, hoping that he would not get caught.

He then lowered his pants to create the impression that he was urinating while snorting more of the drug that he was caught with when he was arrested on September 22, 2018, the same day when the rape occurred.

“While I was busy taking the CAT, the complainant pushed open the door,” Ninow said in the plea explanation.

The complainant indicated that she wanted to urinate, and I got off the toilet, pulled her pants down and put her on the toilet.

“In that moment, I acted impulsively, and took my penis and forced it into the complainant’s mouth. Thereafter, I penetrated the complainant’s vagina with my finger.”

Ninow said he quickly realised what he was doing was wrong and stopped.

Dros waitress testifies

Moments later, the victim’s mother and others tried gaining access to the bathroom. Ninow resisted their attempts to enter the bathroom, but eventually let the door open and fled into men’s bathroom.

“During my attempts to evade capture, I realised that I still had the complainant’s underwear in my hand and threw it into the toilet bowl and flushed it away,” Ninow added.

He then claims he was assaulted by patrons at the restaurant.

Following the reading out of the plea explanation, State prosecutor Dorah Ngobeni asked that the explanation be admitted as evidence and that the trial commenced.

Ngobeni explained that there were inaccuracies in the plea explanation that did not match up the State’s version of events.

The State called its first witness, the waitress who served Ninow on the day in question. The witness, who did not want to be identified, told the court that Ninow had consumed copious amounts of liquor and that he had seated himself near to the kiddies play area at the restaurant.

The self-admitted rapist sat silently in the dock thoughout the proceedings.

The trial continues.

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