Former intern doctor, Dennis Noa was convicted of rape yesterday afternoon by magistrate Victor Nyazo.
Noa was found guilty of sexually violating an unconscious 18-year-old male patient on 11 April 2021.
The victim has since passed away and was buried on Saturday.
It was alleged by the State that he took the patient out of his ward for alleged occupational therapy and ended up sexually violating him.
After he returned the patient to the ward, a physiotherapist noticed an unused condom and some paper towels on the bed near the victim’s anus.
Upon further inspection, it was discovered that the victim’s anus was swollen and had fresh tears. It was further observed that a yellowish liquid mixed with blood was oozing from his anus.
Noa was arrested the next day after it was discovered that he was the last person seen with the victim.
In his defence, Noa claimed to have left the victim in the hands of an “orderly” and when he later returned, found the “orderly” at the door of the ward.
No trace of such an orderly could however be found. Noa also informed the police at the time and in court during his evidence-in-chief that the “orderly” was wearing a uniform similar to that of the security guards on duty.
Nyazo however dismissed this version and said the undisputed evidence was that Noa was the one that took the victim from his room and brought him back.
He further said corroborated evidence was adduced that the victim was unhurt before Noa took him away. Evidence from the hospital staff that attended to the victim that morning clearly states that no injuries or bruises were observed on the victim when they cleaned him that morning, the magistrate stressed.
Further, he said, the evidence indicates that immobile victims such as the complainant in this matter are tended to in the ward and are not taken out for therapy sessions.
According to the magistrate, it is also a rule that patients are not tended to for occupational therapy on weekends and public holidays and Noa knew this.
Nyazo also had an egg to lay about the defence claims that the State witnesses contradicted each other in material instances. He said the minor contradictions in the witness testimonies are normal in a stressful environment like a trial.
He also took offence with the State’s assertion that Noa was a bad witness, who was evasive and agitated during cross-examination.
According to Nyazo, he observed Noa closely during the trial and he was calm and cooperative, Perhaps, he said, Noa became a bit agitated during cross-examination, but that is to be expected in a trial.
All in all, the magistrate said, the case rested purely on circumstantial evidence. However, he said, the circumstantial evidence in this instance was overwhelming against Noa.
Proved facts, such as the accused taking the victim out while he knew there were no occupational therapy sessions on a Sunday, him being seen entering the conference room where the alleged act took place and returning the victim, and the fact that the “orderly” was nowhere to be found all added up and links him to the crime, said Nyazo.
The court cancelled Noa’s bail, and was remanded in custody.
The matter was postponed to 20 February for pre-sentencing procedures.
Noa is represented by Advocate James Diedericks and the State by Advocate Palmer Khumalo.