The defence lawyer of convicted serial rapist Nkosinathi Emmanuel Phakathi has sought the services of an independent psychological analyst to assist them in ensuring that the convict gets “an appropriate sentence’’.
The high court trial sitting at the Palm Ridge magistrate’s court in Ekurhuleni yesterday found Phakathi, 38, guilty of 148 charges of rape, sexual assault, kidnapping, robbery with aggravating circumstances and theft.
Phakathi was found guilty of 90 counts of rape, three counts of compeling a child to witness a sexual act, 43 counts of kidnapping, two counts of assault and four of theft. He has no previous convictions.
His legal aid representative Adv Lekau Kgokane said his client would like to present a psycho-social pre-sentencing report before the sentencing proceedings begin.
“The process of getting the independent psychologist is already in motion and we would like to present it to this court so that it can arrive at an appropriate sentence. We ask that the court adjourn the matter until December 8 so that the report can be presented,’’ said Kgokane.
State prosecutor Adv Salome Scheepers did not oppose the defence’s request.
Acting judge Lesego Makolomakwe postponed the matter to December 8 and 9 for the defence to prepare the report.
Earlier in court, the courtroom was packed to capacity with dozens of ANC members in Palm Ridge clad in the party's doeks and jackets, and activists from the Community Safety Gender-Based Violence Brigade who came out in their numbers for the judgment.
Phakathi, who pleaded guilty to all charges last week, hobbled into the courtroom on crutches.
He was seated in the dock with his face buried in his hands the whole time the judgment was being read out.
None of Phakathi’s victims were present in court.
Makolomakwe said Phakathi admitted to unlawfully and intentionally having sexual intercourse with the complainants without their consent.
“The accused admitted to unlawfully and intentionally depriving the complainants of their freedom of movement... stealing cellphones and cash belonging to the complainants... The accused pleaded guilty freely and voluntarily. The accused is found guilty on all charges,” said Makolomakwe.
Phakathi’s cousin Joel Msiza, 62, was seated at the back row while the judgment was being read and stormed out and never came back after his cousin was found guilty.
Phakathi terrorised women in Ekurhuleni for nine years before he was arrested at the Barcelona section of Etwatwa township in March last year. His raping spree dates back to 2012, with victims as young as nine years old.
He has been kept at a prison hospital at Modderbee Correctional Services Centre since his arrest. His leg had to be amputated after he was shot by police when tried to flee during his arrest.
kokam@sowetan.co.za
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