10 Aug

Ninow's appeal reflects perpetrator-centric nature of criminal justice system - organisation

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Convicted child rapist Nicholas Ninow sits inside the dock at the North Gauteng High Court. (Phill Magakoe, Gallo Imgaes, file)
Convicted child rapist Nicholas Ninow sits inside the dock at the North Gauteng High Court. (Phill Magakoe, Gallo Imgaes, file)
  • The organisation Women and Men against Child Abuse (WMACA) says Nicholas Ninow's appeal reflects the perpetrator-centric nature of the criminal justice system.
  • This after he was granted leave to appeal against his conviction and sentence by the Supreme Court of Appeal.
  • WMACA is calling for a transparent process "of what happens in the whole chain of justice".

Convicted child rapist Nicholas Ninow's appeal is a reflection of the perpetrator-centric nature of the criminal justice system, organisation Women and Men against Child Abuse (WMACA) said on Tuesday.

This after news broke that Ninow, infamously known as the Dros Rapist, had been granted leave to appeal against his conviction and sentence after petitioning the Supreme Court of Appeal (SCA) directly. 

The National Prosecuting Authority confirmed to News24 that Ninow had petitioned the SCA directly after leave to appeal was refused by the North Gauteng High Court in Pretoria in March last year. 

He had petitioned the Bloemfontein court directly in December last year and was granted access to appeal. However, appeal papers have not yet been filed.

WMACA said it found this development concerning and deeply detrimental to the confidence that victims should have in the processes of the criminal justice system.

Its founding member and senior director, Miranda Jordan, said:

You can have leave to appeal on certain crimes, but we believe you should not be granted leave to appeal on crimes like rape and murder because the victims never get a second chance at not being raped or murder.

In 2019, Ninow was found guilty of raping a seven-year-old girl in the bathroom of a Dros restaurant in Pretoria in September 2018.

He was subsequently sentenced to life in prison for the rape, five years for defeating the ends of justice, and an additional five years for the possession of an illegal substance, News24 reported.

ALSO READ | Dros Rapist Nicholas Ninow caught with cellphone in prison

WMACA argued the appeals process seemingly happened without the consultation of the families, and it "minimises the journey the victims endured when they undertook to engage the criminal justice system".

"As WMACA, we have called for a transparent process of what happens in the whole chain of justice. If witnesses are called to testify during a trial, and victim impact statements are considered, the same should be applicable at appeal, as well as parole. 

"With due respect to the legal processes of the republic, WMACA is of the opinion that the system is desensitised and blind to the plight of the hideous violence children are forced to survive in South Africa," it said.


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