O’REGAN J
[4]
They started in the direction of her home. Ms K did not speak to them, but
they spoke amongst themselves in a language she did not understand. She fell asleep
for a short while. When she awoke, the car took a turn in the wrong direction. She
immediately said to the driver that it was the wrong direction. But the policemen
immediately told her to be quiet and a policeman’s jacket was thrown over her head
and held tight. She began to kick and scream and to ask what was happening, but the
jacket was held tight and she was instructed to keep quiet.
She struggled
unsuccessfully to free herself. The jacket was pulled tighter and tighter over her head
until she was struggling to breathe. She then begged the policemen to remove the
jacket but she was punched sharply in the stomach and told that she would be killed if
she did not stay quiet. Thereafter the car came to a halt.
[5]
According to the agreed statement of facts, the applicant was then forced onto
the back seat of the car, her denim jeans, underwear, socks and shoes were removed
and she was raped by the three policemen in turn. She continued to struggle to no
avail. After raping her, the policemen put some of her clothing back on her, and
helped her out of the car. The police jacket was still held over her head. She was then
thrown on the ground, the jacket removed and the three men climbed back into the
vehicle which raced away.
[6]
Looking around her, she realised she was in some bushes but did not know
where she was precisely. She was hysterical and began to run. She soon realised that
she was near her home and ran there, where she found her mother. A charge of rape
3