Doctor wanted woman to test me - rapist
MBABANE - A rape convict serving a 12 year jail sentence has claimed a doctor asked him to bring a female to test his private parts’ functionality.
Mbuso Khumalo yesterday told the Supreme Court Judges that it was wrongful for the High Court to convict him of rape because he had denied the said offence.
He said he had also told the trial court that his manhood was not functioning at the time his girlfriend said he raped her.
Khumalo was appealing against the conviction and sentence, which was meted out by High Court Judge Esther Ota after being convicted by the Simunye Magistrates Court.
He was represented by lawyer Osborne Nzima in the appeal which was presided by Judges Dr Seth Twum, Bheki Map-halala and Chief Justice Emmanuel Agim.
Nzima argued that Khumalo was wrongly convicted because during trial, there was evidence that the woman never raised alarm during the alleged rape.
He said his client did not commit the offence because his manhood was dysfunctional and it was not the first time it had happened.
Nzima said Khumalo assaulted the woman because he had earlier caught her having sexual intercourse with another man in a toilet during a drinking spree.
"The record also shows that she did not resist," Nzima said.
Judge Maphalala pointed out to Nzima that there was evidence which stated that Khumalo touched the complainant’s breasts and undressed her, which suggested that she did not consent to sex and Khumalo had a dysfunctional manhood.
Nzima told the court that the trial Magistrate believed Khumalo’s story because he sent him for medical examination.
"When the appellant arrived before the doctor, he was not examined.
"The doctor said he could not examine him in the absence of a woman," Nzima said much to the laughter of the Judges and the gallery.
Judge Maphalala jokingly said Khumalo should have sought a woman so that it could be ascertained whether or not he reacted when he saw a woman.
"It is a jump start," Judge Maphalala said.
Crown Counsel Sikhumbuzo Fakudze told the Judges that Khumalo was contradicting himself as he said the woman did not resist while at the same token his manhood was not functional.
He asked the court not to interfere with the 12-year sentence meted out by the High Court and dismiss the appeal in its entirety.
Cha sigangi lomuntu aka deserve kuhlala ne bantfu
May 12, 2012, 5:21 AM, Machawe mvalo (26878039462)
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