The backlog in DNA testing in cases of violent crimes has been flagged by a KZN judge after a rape accused, who was set free pending DNA analysis, went on to rape and murder a child. In April last year, it was reported that the backlog, caused in part by a dispute with a service provider, stood at more than 210,000 cases.
Writing in GroundUp, Tania Broughton reports that Judge Mohini Moodley, sitting in the Mthunzini Circuit Court, said the matter before her was a “clear example” of the tragic consequences of how the backlog affected victims of gender-based violence and the administration of justice.
“He within a short period of time attacked, raped and killed his next victim. Tragic consequences and the loss of an innocent life,” the judge said. The rapist, who has now been convicted and sentenced to serve 20 years’ imprisonment, was 16 in September 2019 when he attacked his first victim – who was also 16. He was arrested shortly afterwards but charges were provisionally withdrawn. He was freed pending the return of DNA analysis. Nine months later, in June 2021, he attacked and raped an 11-year-old child, and then killed her. In sentencing him, the judge said: “The deliberate killing of a child to protect himself aggravates his culpability which his age cannot detract from.”
The judge said she could not ignore the fact that after he raped the first time, charges were provisionally withdrawn because of the DNA results delay. The prosecutor had attempted to explain the risk that the accused might be discharged because of delays in proceeding to trial. “I am also aware of the media reports and the concern raised, with the minister of Justice and the president, of the adverse impact of the DNA delays on the victims of gender-based violence and the administration of justice,” she said.
Rape case
GroundUp article – Rape accused set free pending DNA tests, goes on to rape and murder a child (Creative Commons Licence)
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