Acting Chief Magistrate Melissa Robertson yesterday ordered the police to find a key piece of evidence that has gone missing in the Preliminary Inquiry into the rape charge against promoter Colin Mack.
A female Police Corporal yesterday morning took the witness box but failed to present to the court the underwear that the virtual complainant had been wearing at the time of the alleged rape.
The evidence had been lodged at La Penitence Police Station. A seal had been affixed to the bag that contained the underwear by the doctor who had conducted the physical examination on the teenage girl. The seal of this bag was supposed to be broken by the doctor in the court but the magistrate ordered that the corporal break it and reveal its contents.
When this was down, all that was in the bag was the pants (wrapped in paper), which the teen had been wearing.
Mack’s lawyer Glen Hanoman had asked for the underwear since he stated that it was of vital importance for his defence in the case. The corporal searched for about ten minutes and then confirmed that the underwear was missing.
She had gone to the court to give evidence on the VC’s physical examination and was to present the pants and underwear as part of her evidence.
When asked by the magistrate where the underwear could be she responded that she had no idea.
Hanoman then stated “somebody must be wearing de girl underwear then.” He then requested that the magistrate note this new discovery and asked that the corporal do everything in her power to recover the underwear.
The magistrate then ordered that the police recover the evidence. Up to yesterday afternoon the underwear had still not been found so the prosecution moved on to another witness, a male Police Corporal who gave his evidence in the case.
The case was then adjourned to Friday.
Several other witnesses, including the VC, have already given evidence in the case.
Mack was charged on April 15 with raping a 19-year-old girl.
