Child rapist Nicholas Ninow, also known as the ‘Dros rapist’, has been granted leave by the SCA to appeal his conviction and sentence.

Beeld reports that the SCA Chief Registrar, Charmaine van der Merwe, confirmed on Friday that Ninow’s petition had succeeded.

The appeal was referred to a full Bench of the Gauteng High Court (Pretoria).

That court sentenced Ninow in October 2019 to life imprisonment for raping a seven-year-old girl child in the bathroom of a Dros restaurant in Pretoria.

Ninow’s guilty plea on two charges of rape were not accepted by the state and pleas of ‘not guilty’ were entered.

The state did not accept the pleas as it sought to prove premeditation, which he did not admit.

In dismissing Ninow’s application for leave to appeal, Judge Jonas Mosopa held that the state had proved premeditation and that there was no compelling reason to deviate from the prescribed minimum sentence.

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Ninow has been charged for possession of a cellphone in Baviaanspoort prison where he is serving a life sentence.

Ninow faces losing ‘some privileges’. However his conduct behind bars will not affect his appeal, says a TimesLIVE report.

Correctional Services spokesperson Singabakho Nxumalo said Ninow was found in possession of a cellphone during a search on Saturday.

‘Such gadgets are classified as contraband and are not permitted inside correctional facilities. And this is a disturbing development as DCS is working to have contraband-free facilities. Offender Ninow has been charged in terms of section 23 (1) of the Correctional Services Act. He will be reprimanded accordingly, a process which may involve the withdrawal of privileges for a specific period, reclassification, in other words, a downgrade and other punitive measures.’

Full TimesLIVE report