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Mbombela - A man accused of raping an 11-year-old mentally ill girl has rejected a medical report confirming the rape of the victim.
The accused, Jabulani Phoku, 44, from Masoyi village near Hazyview was arrested in August 2014.
He pleaded not guilty to the charge when he appeared in the Nelspruit Regional Court on Tuesday. He claims he was framed.
The court heard that the girl reported the alleged rape to her mother who took her to Masoyi police station. The police sent her to Themba Hospital for a medical examination
Legal Aid lawyer Nhlanhla Mthethwa rejected the medical report presented by a forensic nurse from Themba Hospital, Johnson Nkosi, saying the young girl may have distorted her report.
"The victim suffered a mental disorder, although it could have been mild. But how correct is this medical information? Was she the one who supplied you? What's recorded on the medical statement?" Mthethwa asked the forensic nurse.
Difficulty recalling details
Nkosi responded saying: "This patient was mild, meaning she was not serious. She was coping well during the tests. As I have explained your worship, I examined the patient on 24 August 2014. She was accompanied by her guardian [mother] who assisted her with information," he said.
Nkosi said he could not recall if all the information came from the patient or not because she was helped by her mother.
"Today it is 2017, which makes it difficult for me to remember who exactly supplied me with the information, whether it was the guardian or the patient," said Nkosi.
The nurse said he made sure the patient was comfortable with a male nurse before conducting the tests.
"She replied she was comfortable and agreed that I could do the tests. I continued and examined her," he said. The nurse said after examining the patient, he asked her what had led her to her condition.
"The victim said she had been raped. During the tests, I discovered that her hymen was torn apart which means a solid object had been forced against it. She was not sexually active at the time, she indicated," Nkosi said.
He said he did not collect any samples but that he had recorded injuries on the complainant's private parts.
The case was postponed until March 16.
