FRANCISTOWN: Justice Zibani Makhwade of the Francistown High Court recently sentenced a 19-year-old serial rapist to 15 years behind bars for four counts of rape.
Makhwade convicted Bantemogile Mohumanegi for all four counts of rape that were committed last year. He labeled Mohumanegi as an arrogant person who acted with impunity with respect to each of the four counts of rape.
“He had the audacity to pull each of the victims away from their friends or acquaintances and proceeded to ravage them. On the evidence of each count, he clearly has no defence whatsoever,” Makhwade lambasted the accused.
The accused as well as the prosecution, Makhwade noted, were given the opportunity to make submissions with respect to both the propriety of the conviction and the issue of exceptional extenuating circumstances.
“The accused filed a document which purported to attack the conclusions of the magistrate in so far as the convictions were concerned. The prosecution also filed heads of arguments in which the conclusions of the magistrate were supported. I have carefully considered the record of proceedings as well as the submissions made. I am satisfied from the record of proceedings that the magistrate came to the correct conclusion in convicting the accused with respect to all the four counts.”
Makhwade added that with respect to count one and two where the same complainant featured, the magistrate was meticulous in considering the evidence of the complainant as well as the other persons who gave evidence on behalf of the prosecution.
“The magistrate considered all relevant legal principles and came to the conclusion that the complainant was a credible witness and that there was sufficient material to warrant the conviction of the accused person. The magistrate was equally meticulous in dealing with
With respect to mitigating circumstances there were only two factors that appear to be relevant, Makhwade said.
“The first is that he was relatively young in that at the time he started committing the offences he was just over 18-years-old. The second mitigating factor is that it appears that he was under the influence of either alcohol or habit forming drugs.”
Makhwade also stated that there is no doubt whatsoever that the accused is a dangerous young man and it is in the interest of society that he must be put away from society in the hope that when he comes back he would have had the opportunity to reflect and reform from his extremely bad conduct.
“Taking all circumstances into account the accused is sentenced 10 years in jail for each of the four counts. The sentences in count one, two and three shall run concurrently. Five years of the sentence in count four shall run concurrently with the sentences in count one, two and three and the other five years shall run consecutively with the sentences in count one, two and three… The accused is advised of his right to appeal against the sentences or convictions at the Court of Appeal within six weeks,” the judge concluded.