Iuze Mukube
State advocate Dominic Lisulo told the court that they have proven beyond reasonable doubt that a Hoachanas resident committed rape and theft and therefore guilty as charged.
The accused, Jonas Murao (45), stands accused of three counts of housebreaking with intent to steal and theft, three counts of housebreaking with intent to rape and rape, abduction, rape, and one count of housebreaking with intent to rape and rape.
Lisulo submitted that for the three counts of theft, by his own admission, the accused replied to the State’s pre-trial memorandum that he stole alcohol and cigarettes on 19 November 2008 from the bar of Rudolf Beukes.
Although the accused testified that he took the items in exchange for his meat, the state submitted that his explanation during trial was highly doubtful.
On one count of housebreaking with intent to rape and rape of a 51-year-old complainant, Lisulo submitted that the victim positively identified the accused.
The victim testified that she recognised the accused as the man who had sexual intercourse with her on 3 February 2012 whilst she was sleeping and intoxicated.
She also knew him as they grew up together. Lisulo submitted that although the complainant is a single witness, she did not always contradict herself and is a reliable and credible witness.
The accused denied being in Hoachanas during the commission of the offence on this charge. One of the victims of attempted rape on a fifth count also testified that she knew the accused as they grew up together and is a relative.
She testified that on 14 May 2016, she awoke to a man standing next to her bed, naked and half-dressed.
She testified that she got the impression that he was going to rape her.
On this count, the accused also testified that he was not in Hoachanas at the time.
Murao also denied another allegation of touching the private parts of a woman on 12 November 2016 while she slept on a veranda.
The complainant testified that she and the accused were at a friend’s house for dinner, and while she slept outside, the accused came and touched her.
Subsequently, the accused allegedly also abducted a four-month-old baby girl, proceeded to rape her and then returned her home.
Although he pleaded not guilty and denied being in Hoachanas, witnesses place him at the scene prior to and after the incident. Lisulo argued that the accused’s alibi cannot possibly be reasonably true and that he made an admission upon police questioning about his involvement in the commission of the offence.
Lisulo argued the state has proven beyond any reasonable doubt that the accused is guilty of the offences of abduction and the rape of a four-month-old baby girl.
On the other hand, Peru Liebenberg, representing Murao, submitted that there is insufficient evidence linking the accused to the theft charges.
He argued that the state’s case is built on a combination of unreliable circumstantial evidence, alleged identification, alleged admissions and contested inferences.
However, he argued, none of these, establishes guilt beyond a reasonable doubt.
He added that the state failed to discharge the onus resting upon it to prove the guilt of the accused beyond a reasonable doubt on all charges.
Therefore, the accused should be found not guilty and acquitted on all counts, he submitted. The matter was postponed to 4 June 2026 for judgement.