The Wynberg Regional Court has dismissed an application by convicted killer Luyanda Botha to have him acquitted of the attempted rape of a nursing student in 2014.
Botha, a former Post Office employee, was convicted for the rape and murder of 19-year-old UCT student Uyinene Mrwetyana at the Clareinch Post Office in Claremont in August 2019.
She was raped twice and killed. Botha hid her body inside the safe of the post office, and later dumped her and set her alight.
He pleaded guilty to the crimes and was subsequently sentenced to three life sentences at the Western Cape High Court.
He returned to the Wynberg Regional Court on Tuesday for the attempted rape of a 21-year-old woman at the nursing college in Athlone in June 2014.
The State alleges that Botha visited a woman at the institution but found the victim who was taking a bath at the time. He attempted to rape her but she fought him off.
Yesterday Magistrate Anthea Ramos dismissed Botha’s application to be acquitted as the state closed their case in the attempted rape trial.
National Prosecuting Authority (NPA) spokesperson, Eric Ntabazalila, says Botha is now expected to take the stand in his own defence.
‘’We can confirm that the Section 174 application of Luyanda Botha was declined by the court and the case has now been postponed to the 2 August and 6 August.
“On 2 August he will take the stand and testify and after that we will continue with our cross examination.
“The emphasis is that there is a case for him to answer and that is why his application for the case to be thrown out of court failed. There is evidence which links him to the case.
“In fact even during those arguments he did not dismiss that he was present in that building on the day and further we will be able to prove our case at court.”