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The Legal Aid attorney acting on behalf of Nicholas Ninow in his rape trial will be laying a charge of defamation against the EFF's Gauteng chairperson Mandisa Mashego, after she allegedly accused him of being drunk in court on Thursday.
The case against Ninow was postponed in the Gauteng High Court in Pretoria on Thursday, after both the State and defence attorney Herman Alberts made their closing arguments.
Alberts said, as he was returning from the cells, he overheard a woman, who has been identified as Mashego, saying that he was drunk.
"I deny it. I advised the lady I am prepared to go for a sobriety test now if she wants to persist or publish that allegation," Alberts told News24.
He added that he would be opening a case of defamation and that he had already informed Legal Aid's regional office of what had happened.
Miranda Jordan from Women and Men against Child Abuse (WMCA) told News24 that she intervened and had attempted to tell Mashego that every single South African had the right to a defence.
"They accused him (Alberts) in a court of law, that he was drunk and must be drunk to defend Ninow," Jordan said.
Ninow 'preyed' on victim
"Immediately, she told me to shut up and that she would get me right now."
Things got heated and Jordan conceded that she had also told Mashego to shut up.
"I tried to say to them that we are a child rights organisation, we are here to uphold the rights of the trial, to see that the child has a fair trial, and the fact that you are attacking us is completely unacceptable."
News24 tried contacting Mashego for comment, which proved unsuccessful. News24 has also tried to contact EFF spokesperson Mbuyiseni Ndlozi for comment. It will be added once received.
Mashego and other EFF members were observing the closing arguments in the High Court on Thursday, where the State asked the court to find that Ninow had preyed on the victim, following her into the bathroom and then raping her.
State prosecutor Dorah Ngobeni said the inference to be drawn from the witness testimony and evidence led in the trial was that Ninow had planned to rape the victim.
Alberts argued that no inference could be drawn that Ninow was preying on the children in the kiddies play area, with the intent of raping one of them.
Judgment has been reserved for Monday.
