Police investigator grilled in rape case of 11-year-old

JOHANNESBURG - The circumstantial evidence in the case of a man accused of raping and impregnating an 11-year-old child has been the focal point in the Boksburg Magistrates Court.

Warrant Officer, Simon Modise, is in the witness stand as the defence continues with his cross-examination.

Modise has been questioned on the investigation and the victim’s sister.

During the previous sitting, the court heard that in 2019, the minor’s sister lived in a communal property with the accused, who is a family friend.

During December that year, the child visited the family friends and it’s alleged that this is when the first rape took place.

While the victim’s sister was allegedly in the same residence when the alleged rape took place, she’s yet to provide a statement on whether it’s true.

ALSO READ: Man accused of raping Boksburg girl (11) back in court

This is despite previous testimony from Modise that the minor was instructed by her sister to occupy the same room as the man accused of raping her.

This has been submitted as circumstantial evidence as the accused continues his fight for bail.

Modise says the sister, who is in Uganda, told the court that he would only be able to take her statement if she were back in South Africa.

Something that the defence lawyer, Frik van Rensburg, pressed Modise on.

"As of that period to date, the victim's sister failed to make any formal statement in conjunction with any of these allegations. So what we're saying is that chances are that we do not know if she returns to South Africa. And in the event that she does not return, she will not be able, or you will not be able to take a statement from her."

Modise testified that he would only be able to obtain a statement if the sister were back in South Africa.

Something van Rensburg questioned: "If she doesn't come to South Africa again?"

Modise: "I wouldn't be able to."

Van Rensburg asserted that the court cannot rely on Modise’s circumstantial evidence.