Musician Smarh convicted of rape
Lebogang Mosikare | Tuesday May 2, 2023 06:00
Matlakala allegedly raped his 26-year-old maid on November 9, 2020, at or near Bull Bull in Letlhakane. Matlakala, who is popularly known as Smarh in music circles, has joined a list of discredited local and international musicians following his conviction. Locally, Smarh joins the infamous list of convicted rapists such as Othaathusa Tshipa also known as Deben Natale in entertainment circles who served 10 years in jail for raping a 16-year-old girl in 2007. Also on the list is Ditiro ‘DT Leero’ who spent six years in the slammer for raping a 14-year-old girl in 2006. On the international scene, American R&B singer, R Kelly, is probably the most disgraced artist in the world following his conviction for sexual abuse charges. When delivering judgement against the Malobolo hit maker, Senior Magistrate Kelebogile Matlhodi said the complainant testified that she was previously hired by Smarh and his girlfriend at their dwelling house as a maid and she respected them like parents. The complainant said within two months of working there, she started to experience some friction or bad blood or bad energy from the accused, but she tried ignoring it. She said the accused would brush himself against her body and would tell her that he loves her body structure. The complainant told the court that on November 11, 2020, in the morning whilst cleaning the children’s room, the accused came into the room wrapped only in a towel and he started to touch her. "She said she left the bedroom but he followed her to the storeroom. She also said the accused undressed her and inserted his finger into her private part but she relaxed to avoid the possibility of being bruised. She said the accused then had his way with her,” said Matlhodi.
The complainant testified that she informed her mother about what transpired and the matter was reported to the police while the police took her to the hospital. “Of note was the disturbing state of mind of the complainant when narrating the events of the alleged incident. This witness was overcome with emotion so much that the court had to adjourn to give her the opportunity to compose herself. In cross-examination, the issue of the exact time the complainant called her mother cropped up and the witness confirmed that she called her mother in the morning though the times she stated differed. She also said she was serving notice though she continued with her employment even after the lapse of the notice period,” Matlhodi stated. The complainant’s mother stated that there was a time that the complainant called her informing her that every time the accused’s girlfriend departed for work, the accused would come to the living room wearing a towel, said Matlhodi.
“The complainant said the accused’s girlfriend once complained of her (the complainant’s) working behaviour and she gave her a notice as a way of trying to scare her from unbecoming behaviour. She stated that her mother proposed reconciliation with the accused but she was not interested because she wanted the law to take its course. On the other hand, the accused’s defence was that on November 9, 2020, he woke up at around 9am and proceeded to the kitchen to get some water. The accused said that whilst passing by the living room, he saw his two-year-old son with smears of soft porridge on his cheeks and on a full diaper,” Matlhodi said.
The accused, Matlhodi noted, said he called the complainant to reprimand her but she could not hear him because she was putting on a headset. “The accused said he then raised his voice but the complainant ignored him because she was concentrating on her cellular phone. He said he tried to take the cellular phone from the complainant but it fell and she went out of the house through the kitchen. He said at around 1:45pm, the police arrived and they took him to the police station for questioning after the complainant had alleged that he had inserted his finger inside her private parts,” said Matlhodi. Having carefully observed the complainant when she was giving her testimony and even under cross-examination by the accused, Matlhodi noted: “I have come to the conclusion that she was truthful in so far as how the sexual incident occurred. “On the other hand, the accused gave the court a picture that the complainant was neglecting her duties and was rebellious because she was on notice. The defence story is frivolous and it cannot be reasonably possibly true. As such, I am inclined to reject it as false and accept the prosecution witness’ version as true and credible. I am satisfied that the state has led evidence against the accused beyond reasonable doubt and I accordingly convict him as charged,” Matlhodi said.
The My Star Music Talent Show product, who is currently not in custody because he was cooperating with the prosecution after charges were laid against him, is due in court for sentence in June.