Sigweni ruled that Lovemore Manje had no case to answer because prosecution had failed to prove beyond reasonable doubt that he defiled the girl.
She said there is no evidence that links Manje with the penetration that the doctor detected in the girl. She said that the evidence that was brought to court amounts to hearsay.
The Prosecution had brought the alleged victim to give evidence and the magistrate ruled that the girl was an incompetent witness after she had asked her several questions, which she could not answer properly. She declared in court that she could not differentiate between good or bad deeds. Her mother said in court that her daughter told her that she has had sexual intercourse with Manje who was sharing a house with them at Block One.
She said she had realised that her daughter’s periods were irregular thus prompting her to ask whether she had had them or not.
She said the daughter told her that she had not had her periods. She said she interrogated her because she was afraid her daughter might have fallen pregnant. She reported the matter to the police who in turn took her daughter to hospital where she underwent a pregnancy and sexually transmitted diseases infection test. The tests proved that she had engaged in sexual intercourse.
Meanwhile, the doctor who had attended to the complainant said he was told that the girl had been raped. Dr Abdullah Lasak said that by the time he attended to the girl, he did not detect any bruises in her genital area.
Defence attorney, Themba Joina objected when the investigating officer, Matshidiso Molefi produced an affidavit as exhibit.
He said the officer is not the author of the affidavit and can only identify it in court. Sigweni accepted the affidavit as exhibit. Joina submitted that there is no case to answer against the accused.
He argued that none of the three witnesses gave direct evidence except for the doctor who said penetration occurred but was not in a position to say when.
He argued that the charge was laid against his client basing on information from a mentally retarded person.
He said the witness was incompetent and there were no direct and circumstantial evidence.
“I therefore pray that the accused be acquitted and discharged,” Joina said.
Prosecution had submitted that the court should consider the fact that the girl is an imbecile and needs protection.
