Celeste Gouws: Rape accused decided not to testify in his own defence
Despite facing the very serious charge of rape and the Private Prosecution Unit presenting compelling evidence of the offence, Isaac Andile Memese opted not to testify in his own defence. Instead, his defence counsel told the Somerset East Magistrates Court that he would call two witnesses to testify.
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 in the Eastern Cape declined to prosecute Memese, despite overwhelming evidence against him. AfriForum is of the opinion that the handling of the matter has up to now pointed to political interference, as Memese and his family have political ties.
Surveillance footage reveals in shocking detail how Memese poured numerous alcoholic drinks for Gouws over several hours and how she becomes 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 when Memese returned to the house and marched Gouws to the bedroom where it is alleged he raped her. During the prosecution’s case Memese’s defence was that they engaged in consensual sex, whilst the complainant vehemently denied any consent.
Defence advocate Mike Maseti called as his first witness the police investigating officer, Sergeant Sipholelo Raula, who testified that he believed that the video evidence had been tampered with. However, during cross-examination when further facts were put to him, he conceded that the evidence in the case docket did not support any possible tampering with the footage.
Raula also confirmed to the court the definition of consent, as per the Sexual Offences Act, which excludes situations where the complainant is incapable of appreciating the nature of the sexual act, including when such person is in an altered state of consciousness – like under the influence of alcohol.
The matter was postponed to 5 September 2023 for the defence to call an expert witness to testify about possible tampering with the video footage presented by the prosecution.
“Although we are disappointed that the matter was again postponed, we remain committed to ensure that justice is done and that the irrational decision of the NPA, not to prosecute, be exposed,” remarked Andrew Leask, the Head Investigator at AfriForum’s Private Prosecution Unit.
