2008/11/06
AN EAST London couple accused of switching blood samples intended for a paternity test will know their fate on Friday.
The two are alleged to have swapped the man’s blood sample with that of his lover in 2001 before handing it in to a pathology laboratory in the city.
The State alleges that the woman “unlawfully, falsely and with intent to defraud” gave out and pretended that her blood sample was that of the man.
During closing arguments yesterday, State prosecutor Wayne Jafta asked the court to find the couple guilty on both counts of fraud and defeating the ends of justice.
“The two knew what they were doing and intentionally switched the blood samples to avoid having to pay maintenance for the child,” he said.
Jafta said the father knew about the alleged blood switch and did nothing about it, which meant he was working together with his partner and had planned the whole thing.
“The court should find both accused guilty as charged on both counts. They have denied the child a father and financial support (maintenance), which is a father’s duty and responsibility to a child,” he said.
The State further claimed the two accuseds’ intentions were to conceal the paternity of the child, creating an opportunity for the father to waive maintenance obligations.
Defence advocate Jock McConnachie argued that the State had not proved beyond reasonable doubt that there was tampering with the blood samples.
“The envelopes were in the same state (sealed) as they had left the clinic and were received as such,” he said.
McConnachie said no reliance could be put on the results of the second test . The first test results in January 2001 at Unistel confirmed the man as the father of the child, but five months later a second test was conducted with a different result. - By SIBONGILE MKANI
Court Reporter
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