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Luyanda Botha is seen during his pre-trial hearing at the Western Cape High Court. (Brenton Geach/Gallo Images)
Convicted murder, Luyanda Botha, has lost his court bid for a discharge in a fresh attempted rape case.On Tuesday the Wynberg Magistrate’s Court dismissed Botha’s application.He is accused of attempting to rape a nursing student in 2014 while she was showering at her college residence in Athlone.The man who is locked up for the 2019 rape and murder of UCT student Uyinene Mrwetyana has lost his court bid for a discharge in a fresh attempted rape case.
The Wynberg Magistrate’s Court dismissed Luyanda Botha’s application on Tuesday.
Magistrate Anthea Ramos delivered her ruling and said she was not convinced that there was no evidence linking him to the 2014 attempted rape of a nursing student.
“The request for a discharge is therefore denied,” she said.
Ramos will provide reasons for the dismissal of the application when she delivers her judgment at the end of the trial.
The student, who attended a nursing college in Athlone, accused Botha of attempting to rape her in June 2014 when she was taking a shower at the college residence.
READ | Uyinene Mrwetyana’s killer held nursing student hostage in 2014, court told
The defence filed the discharge application in terms of Section 174 of the Criminal Procedure Act, which states: “If, at the close of the case for the prosecution at any trial, the court is of the opinion that there is no evidence that the accused committed the offence referred to in the charge or any offence of which he may be convicted on the charge, it may return a verdict of not guilty.”
In the application, the defence argued that the evidence the “evidence of the complainant does not present any evidence of an attempted rape having occurred between herself and the accused”.
Botha’s trial is expected to continue from 2 to 6 August when he is expected to testify.
He is serving three life sentences for the rape and murder of Mrwetyana.
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