A Port Elizabeth man, jailed for life for the brutal rape of a six year old girl, says he wants to apologise to the community in which he committed the offence.
These were the words of 33-year-old Xolile Tose before he was lead away from the dock in the PE High Court on Thursday morning to begin serving life behind bars.
Victim's mother being comforted following quilty verdict.
He was convicted on Wednesday by Judge Jeremy Pickering of the brutal rape of the girl, who's now eight years old.
The little girl has to wear a colostomy bag as a result of the horrific injuries sustained during the 15 hour ordeal, after being abducted and brutalised in a house in Motherwell, Port Elizabeth, in December 2011.
In passing sentence, Judge Pickering said the injuries the child sustained were the worst he's seen in 20 years on the bench.
Looking relaxed when he spoke to the media shortly after being sentenced, Tose, speaking through court interpreter, Jeffrey Wannabe, said he wanted to apologise to the Motherwell community and South Africa in general.
"He says he's apologising to the community in which he committed the offence as well as the South Africans at large. I will conduct myself in such a manner that I will improve my education as well as serve the Lord in prison."
But, minutes after giving the interview, Tose's legal counsel, Peet Schoonraad, lodged an application for leave to appeal the conviction which was turned down by Judge Pickering.
Meanwhile, the mother and two aunts of the little girl welcomed today's sentence. The little girl's 30-year-old mother of four broke down in tears when Judge Pickering recounted the medical evidence of the horrific injuries suffered by her little girl.
The child will undergo reconstructive surgery, thanks to the generosity of a number of PE doctors and other well wishers, while efforts are being made to have her placed back in school, after she was so badly ostracised because of the colostomy bag, that she has not been back to school since.
State prosecutor, Marlini Moodley, who admitted earlier that she was nervous about the outcome of the case, after the judge had to disregard the child's testimony when she was declared incompetent to continue giving evidence, said she's happy with the outcome of the case, saying that justice has been done.
"This has been one of the most difficult rape trials I've had to deal with in my career," Moodley said.
In passing sentence, Judge Pickering, sounded a dire warning saying rape in the country has reached pandemic proportions.
He said while the "scourge of rape" continues, he said what's even more "disturbing" is the trend in child rapes which he said is "becoming endemic."
Pickering said judges and regional court magistrates are confronted on an almost daily basis with horrific case of rape, many involving young children.
He said despite the courts "exhausting the vocabulary in condemning rape", it still continues.
Pickering said "South Africa is facing a massive crisis which cannot be resolved by the courts alone."
The Judge's words were hardly cold when Port Elizabeth police spokesperson, Warrant Officer Thembi Gwe, confirmed another rape case involving a six-year-old girl.
She said a 23-year-old man is in custody awaiting trial for the rape of a six-year-old relative in December last year.
A court date has not yet been announced.
In confirming the life sentence on Tose, Judge Pickering said the "seriousness of the crime" was affirmed by the medical evidence provided.
Below is a bullet-point summary of some of the grim evidence of doctors who saw the little girl in December 2011 and early 2012.
Dr Petra Gaul - of Dora Nginza Hospital who saw the little girl the day after her horrific ordeal.
*Child was extremely traumatised and severely injured.
*She appeared lifeless and in a different world - All medical staff were disturbed when they saw her.
*Evidence of violent penetration.
*Strong, violent force would have been required to cause injuries of this nature.
*Girl would have suffered excruciating pain during and after the rape which would have been similar to giving birth.
Paediatric Surgeon - Dr Gujilal Manoharan - who confirmed "extensive damage" to child's body.
*Would have experienced excruciating pain.
*Performed colostomy on the child.
Dr Carla Van Rensburg of East London - performed surgical repair to internal injuries.
*anterior rectal wall torn.
*anal sphincter disrupted.
*all bridging between vagina and anus destroyed and had to be reconstructed.
*Child penetrated under sustained pressure.
*Tear on buttocks consistent with child being sodomised.
*Described the pain, for the benefit of men, like having a piece of barbed wire shoved into the penis.
During his ruling, Judge Pickering also praised the outpouring of support from PE doctors and other individuals who've stepped forward to offer assistance to the child.
He described it as "beacon of light" in an otherwise grim tale.
Advocate Linda Le Roux of the National Prosecuting Authority said the local doctors who have offered their services for free, will begin work immediately now that the case has concluded to repair the damage and to remove the colostomy bag.
She said if the surgery cannot be done in Port Elizabeth, the child will be referred to the Red Cross Children's Hospital in Cape Town.
Efforts are also underway to ensure that the little girl returns to school once all the medical treatment has been done. She was so ostracised at school because of the unpleasantness associated with the colostomy bag that she had to be taken out of school.
The NGO Section 27 is on board and will be assisting the family in getting the child placed in a school in the future.
