Convicted child rapist Nicholas Ninow’s application to appeal his sentence and conviction has been dismissed by the North Gauteng High Court on Tuesday. This come after the 22 year-old served almost five months of his lengthy prison sentence.
Ninow was sentenced to life imprisonments for raping a five-years old girl at a Dros restaurant in Pretoria in September 2018 and was handed five year imprisonment for possession of drugs and another five years for defeating the ends of justice in October last year.
In his application, Ninow argued that the Judge during his sentencing, made a wrong finding when he concluded that rape was premeditated, misdirected himself over public opinion and disregarded expert opinion that the applicant was remorseful. Handing down judgment, Judge Mokhine Mosopa said Ninow might have regretted his action but was not remorseful.
“The application was caught in an act and evidence against him was overwhelming. The surrounding action of the applicants doesn’t show that he was remorseful but shows regret. The letter that the applicant wrote to the defendant’s family was only read in court and the applicant was aware as the letter was only read after his conviction that he is facing a lengthy jail sentence.
The manner in which he committed the offence excludes immaturity, immediately after he was caught, he attempted to flush the underwear of the defendant down the toilet pan. He found the people who found him who found him with the complaint in the toilet cubicle,” said Judge Masopa. The Judge added that application to appeal conviction and sentencing has no reasonable prospect of success.
“I therefore find that based on the above findings that there are no reasonable prospects of success in the applicants case. Most of the aspects he dealt with are thoroughly dealt with in my judgement on his conviction and in my judgement when sentencing the applicant. I see know other court coming to a different conclusion than the one I came too. Th application failed to convince me that he has the prospect of success and such prospects are not remote but realistic chance on succeeding, to only say there is mere prospect for succeeding is not enough,” the Judge ordered.