Cape Town - Outstanding DNA evidence has delayed court proceedings in the case involving the 8-year-old girl who contracted HIV after her mother’s ex-boyfriend allegedly raped her.
It came to light yesterday that evidence of the HIV strand testing was missing from the case docket.
The mother attended a consultation at Wynberg Magistrate’s Court on Wednesday, where she learnt about the outstanding evidence that was delaying the case.
According to the mom, she discovered that her daughter had been sexually assaulted in January, after seeing warts on and inside her daughter’s vagina.
They then learned through blood tests that the girl was also HIV positive.
The mother said the reason she suspected her ex-boyfriend, was because she knew he was also HIV positive and had warts on his penis.
A source told the Cape Argus the suspect had admitted to being HIV positive, allegedly while giving a warning statement, and further alleged that the girl contracted the virus because she was using the same towel as him.
The source said the court was also waiting on evidence from HIV strand testing to see if the suspect’s strand of HIV matched that of the child.
Private Forensic Investigator, Desmond Finnis, who is helping the girl and her family, said he was asked to source the evidence of the HIV strand in order for the case to move forward.
“Even though I know it is the investigating officer’s job, I will go out of my way to help this family, they suffered enough.
“I too want justice to be served, I know that it won't change her status but it can help her to know that the bad man is in jail.”
Finnis also hoped an additional charge of attempted murder will be added to the suspects’ charge sheet, should the strand come back as a match.
“I’ve learnt about the warning statement and cannot believe that a prosecutor would entertain such a warning statement. That is absurd,” said Finnis.
The child’s mom, who left the court in tears, said she was heartbroken but knows that there is a God.