Durban — The trial against a 42-year-old man charged with the alleged rape of his lover’s 10-year-old granddaughter has been delayed again in the Pinetown Magistrate’s Court.
The man appeared in court on Wednesday where the matter was adjourned to July 31 after his lawyer Manoj Harripersad indicated that he could not read the J88 (the medical report) that had been provided on the last occasion the man appeared in court.
Harripersad asked for an adjournment as he needed to get in contact with the doctor who compiled the document to ask him for clarity.
It is said the family came to know about the abuse after the little girl’s grandmother walked into the bedroom to allegedly find her lover on top of her granddaughter.
The accused was arrested last year in September after the matter was reported to police. It is alleged that the victim was raped repeatedly by the accused. He is currently out on R4 000 bail on the condition that he relocate and have no contact with the victim and her family.
Speaking outside court Arvina Arjoon from Arvina Harricharan Attorneys who is on watching brief for the minor child, explained that the defence said the J88 was not clearly eligible and he requested that the doctor provide him with one that was.
“It was agreed that he would contact the doctor and ask him to explain any information on the J88 that he was not familiar with. The court has given him two weeks for this issue to be sorted out as he intends on bringing his own medical expert to give evidence in favour of the defence, thereafter on July 31 the matter will be set down for trial.”
She said that the child’s family was not pleased with the latest delay in the matter.
“The family has expressed that on the last occasion the matter was adjourned for the defence to consult with the accused and the medical expert, and today he said the J88 was not legible – they feel this a delaying tact on the part of the accused.”
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Daily News