State prosecutor Adv Leisha Surendra has attributed her successful convictions in cases involving victims of gender-based violence (GBV) to building a rapport with witnesses and explaining to them the importance of their testimony.
Surendra, who has a career as a prosecutor spanning 20 years, told Sowetan she had worked on more than 30 cases involving victims of GBV and scored convictions in 28 of them.
From the over 30 cases she has taken on, 10 of them involve serial rapists. Surendra said, on average, her cases had a maximum of up to 45 witnesses.
Surendra, 47, is based in the office of the Gauteng director of public prosecutions in Johannesburg. She is a prosecutor at the South Gauteng High Court in Joburg.
She said some of the hardest challenges she has had to face in her line of work was taking on cases where there was no DNA evidence or working on cases that involved minors.
“The most difficult aspect is when you don’t have DNA evidence and then it becomes difficult. It is not impossible to prosecute but difficult because you maybe have a single witness and no DNA evidence.
“When you don’t have DNA [evidence], you need to take time to consult the victims. You cannot do it superficially. Sometimes not one consultation is enough and you can’t ask them to immediately tell you what happened to them. Sometimes a child, teenager or even an adult, won’t just open up to you. You need to take a step back and say okay, I need to work a bit slower, give the person a chance to explain in their own proper words…,”’ said Surendra.
She said it took her two consultations of almost an hour each to get a victim to open up.
“You need to build a proper rapport with them. Some children, adults and teenagers find it difficult to speak about the personal, intimate crime that they experienced. It is not easy for victims to disclose what happened to them to a stranger. You need to appreciate what they have been through, work slowly with them, and have a good understanding of the crime and the victim. Even if you don’t have DNA, you will be able to lead them properly in court and have a strong witness and secure a conviction. The prosecution has to be sensitive in the way it deals with the matter,” she said.
Surendra said her ability to explain to the victim about how trials are run worked to her advantage when preparing for a trial.
“You need to tell them about the procedure in court which includes the leading of evidence, them telling their story, cross-examination and what it is. They should be familiarised with this legal terminology so that they feel safer and settled,” said Surendra.
“Our role is to also explain to them that if they don’t testify, we don’t have a case, and the charges might be withdrawn, leading the accused not to be found guilty and released back to society. The duty is on them to testify,” said Surendra.
Reacting to the high levels of GBV and femicide in the country, Surendra said it was disheartening that women and children continued to bear the brunt of the scourge.
Surendra said she encouraged herself to use her profession to play a role in combating the violence that women face.
“'What is happening is sad. The way women and children are being treated is depressing… But you just can’t allow yourself to be depressed. I am here and I try. We have an opportunity to make a difference. The victims should know that there is always somebody to tell about what they experienced. Don’t keep quiet. When you speak out, you speak for those who are afraid. You become their hero,” said Surendra.
kokam@sowetan.co.za
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