Dada told the court he had subpoenaed the witness to come to court and attempted on several occasions to find out why she had not been attending the trial before the case was withdrawn.
When the complainant had given her statement, on the same day of the alleged attack, she cried and was in shock, but Dada said he had not noticed anything out of the ordinary.
He said he did not know she had gone to a doctor for a report on the day after the incident. He said he only found out about this in 2019.
State prosecutor Xolani Ncobo questioned why he had learned this after four years.
Dada said the complainant had recognised the accused from a 2019 case — Mrwetyana was murdered in August 2019 — and she had gone to Dada’s superior to enquire about her case.
Ncobo asked Dada whether he followed up on her medical examination. He said he spoke to staff members but was told the folder could not be found since most records dating back more than five years are discarded or destroyed.
During cross-examination, attorney Kyle Petersen, Botha’s lawyer, asked Dada whether he had given the complainant an official form to document medical evidence that may be needed to obtain a conviction in an assault case.
Dada responded that if there were a reason based on what he had seen or what he was told, he would have given her the form.
The case continues.
TimesLIVE
Cop questioned over his handling of case filed against Uyinene Mrwetyana’s murderer by a nursing student
Image: Kim Swartz
Postal worker Luyanda Botha, who raped and murdered University of Cape Town student Uyinene Mrwetyana, appeared in the Wynberg magistrate’s court on Friday for an attempted rape case filed against him 10 years ago.
National Prosecuting Authority spokesperson Eric Ntabazalila said the complainant, a nursing student at a college in Athlone, opened a case of attempted rape in June 2014.
“The state alleges Botha visited a woman at the institution and found the victim taking a bath at the time. He attempted to rape her, but she fought him off. He was later arrested,” said Ntabazalila.
Oscar Dada, a sergeant in the family violence, child protection and sexual offences investigations unit in Nyanga, was the investigating officer but the case was struck off the court roll.
On Friday he testified the case was struck off after the complainant failed to attend court proceedings.
The case was re-enrolled after Botha received three life sentences for the Mrwetyana crimes.
Dada told the court he had subpoenaed the witness to come to court and attempted on several occasions to find out why she had not been attending the trial before the case was withdrawn.
When the complainant had given her statement, on the same day of the alleged attack, she cried and was in shock, but Dada said he had not noticed anything out of the ordinary.
He said he did not know she had gone to a doctor for a report on the day after the incident. He said he only found out about this in 2019.
State prosecutor Xolani Ncobo questioned why he had learned this after four years.
Dada said the complainant had recognised the accused from a 2019 case — Mrwetyana was murdered in August 2019 — and she had gone to Dada’s superior to enquire about her case.
Ncobo asked Dada whether he followed up on her medical examination. He said he spoke to staff members but was told the folder could not be found since most records dating back more than five years are discarded or destroyed.
During cross-examination, attorney Kyle Petersen, Botha’s lawyer, asked Dada whether he had given the complainant an official form to document medical evidence that may be needed to obtain a conviction in an assault case.
Dada responded that if there were a reason based on what he had seen or what he was told, he would have given her the form.
The case continues.
TimesLIVE
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