Another irrational and undue delay in Somerset East rape case
AfriForum’s Private Prosecution Unit has unfortunately become accustomed to delays in finalising the private prosecution of Isaac Andile Memese on a charge of rape. He is accused of raping Celeste Gouws six years ago on 3 September 2017.
The unit spent weeks preparing for the trial to resume on Tuesday, 5 September, with the defence calling a video forensic expert to testify about the video evidence led by the private prosecutor. At the last appearance in April this year, defence advocate Mike Maseti asked the court to compel the private prosecutor to provide the defence with a list of information related to the video equipment used to record the surveillance footage.
At that hearing in April, Adv. Gerrie Nel told the court that the private prosecutor had closed its case, and the defence would have to rely on the evidence submitted and accepted. He further told the court that some of the information sought by the defence team was simply unavailable.
Five months later, Maseti told the court that he could not call his expert witness because the private prosecutor had failed to provide the information they had requested in April.
An exasperated Nel read from the record of those proceedings of April, where it was clearly stated that the private prosecutor was under no duty to provide such information, nor was it in possession of such information and in any event, the private prosecutor had closed its case. After consulting with his expert, Maseti told the court they were prepared to call the witness without relying on the requested information, but they would need more time to prepare.
Magistrate Mbiyo granted the postponement to 13 February next year.
“The steps to delay the finalisation of the case will not deter us from ensuring that justice is done. The Private Prosecution Unit has travelled to Somerset East more than ten times now and will travel there again until this case is finalised,” says Barry Bateman, spokesperson for AfriForum’s Private Prosecution Unit.
BACKGROUND
The unit is pursuing a private prosecution against Memese on behalf of the complainant, Celeste Gouws. Memese allegedly raped Gouws at her guesthouse in 2017. The Director of Public Prosecutions (DPP) in the Eastern Cape declined to prosecute Memese despite overwhelming evidence against him. The DPP reasoned that Memese “saw an opportunity and took it”. AfriForum believes that the Memese family’s political ties must have played a role in the failure to prosecute.
Surveillance footage presented during the prosecution’s case reveals in shocking detail how Memese poured numerous alcoholic drinks for Gouws over several hours and how she became severely intoxicated. At one point, it appears Memese swaps drinks with Gouws. The prosecution argued during the application for discharge that this may have been an opportunity to “spike” her drink. He is seen leaving the house with a friend Gouws had called to help her. It is alleged and seen on video that Memese returned to the house and frogmarched Gouws to the bedroom, where he allegedly raped her. During the prosecution’s case, Memese’s defence was that they engaged in consensual sex, whilst the complainant vehemently denied any consent.
