Ninow, 22, was not present at the Pretoria High Court on Friday. Herman Alberts of Legal Aid South Africa handled the application for leave to appeal on behalf of Ninow.
He argued that Judge Jonas Mosopa had reached the wrong conclusion in his ruling by finding that Ninow had targeted and raped the girl with premeditated councils.
Alberts referred to a waitress’s testimony saying Ninow was sitting at a table in the restaurant so he could watch the children’s play area.
“It was an unfair distraction to make and we believe another court will agree,” Alberts said.
According to Alberts, there was other evidence that made it clear that Ninow later moved to another table and that he was waiting for someone. “It’s not that he hunted children.”
He says it should be taken into account that under old law, the charge against Ninow would be sexual assault and not rape.
Furthermore, Alberts argued Ninow’s history of drug abuse was not taken into account by Mosopa as mitigating circumstances. “He has been exposed to drugs all his life. And during the incident, he used drugs. It does not excuse what he did, but it did make him a different person. ”
Alberts argues that Mosopa led him through the public’s opinion and therefore severely punished Ninow.
Ninow pleaded guilty in September last year to rape, obstruction of justice and drug possession charges after raping a seven-year-old girl in the bathrooms of a Dros restaurant in Pretoria in September 2018.
Ninow’s version was that he had not planned to rape the girl in advance and was in the toilet for the purpose of using drugs, but the state rejected it.
Mosopa said in his statement that Ninow chased the girl to the bathroom and raped her.
Ninow was sentenced to life in prison on the charge of rape, a further five years in prison on the charge of possession and use of drugs, as well as the charge of defamation.
Mosopa reserved judgment until later this month.
