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TNMC manager denies rape charge

Forty-six year-old Selebogo Morwagole told the court he never had unlawful carnal knowledge of the complainant on December 13, 2009 at his place at Masa Park in Molapo Estates.

Morwagole said that on the day in question he gave his daughter money in the morning to go to Serowe.

He said at around lunchtime, his daughter arrived back from Serowe with her cousin, telling him that they have been told to return to Francistown. He said that his daughter prepared lunch while he went to the mine’s recreation club with the complainant, his daughter’s cousin, to buy some drinks.

“I first went to the gym room and exercised with the complainant,” ssaid Morwagole.

Morwagole said that upon arrival at the mine’s bar he bought some Windhoek beers and asked the complainant what drink she would take. She said a Heineken.

He said: “I told her that she was a minor but she told me that she was old enough to drink alcohol adding that she was a student at the University of Botswana (UB).”

“We then went home and I sat in the car listening to music,” he said.

Morwagole said afterwards during the day he went inside the house and remained in the living room while the complainant went upstairs to his daughter’s room.

“I later went to my bedroom to sleep. The complainant later came to my room.  I wondered what she was doing in my room.  I closed the door while she went back to my daughter’s room.

“The following day I went to Metsef (Wholesalers) after I had told my daughter to get ready to return to Serowe.  After I came back my daughter asked me what have I done to the complainant,” said Morwagole.

He added that he asked his daughter what she meant but she told him nothing.

Said Morwagole: “When we were about to leave, my daughter told me that the complainant wanted to go to Blue Town. I asked why because she does not know anybody there since she was from Serowe.

“I drove them to Blue Town nevertheless, but on our way they told me that I should drop them at a filling station opposite Tatitown Police.

“When I was about to leave the filling station, I found them in the company of two boys who were holding them at their waists.

“I returned and told my daughter to get in the car to go home. The boys they were with started misbehaving towards me. I left them and drove back to Molapo.”

Morwagole further told the court that at around seven in the evening, police came to his house and told him to accompany them to Kutlwano Police Station where he was later charged with rape.

“They also said the complainant told them that she does not know if I used a condom or not.  I was taken to the hospital for medical tests.

“After a month the complainant came with her mother to Francistown. I picked them from Choppies (in the main mall) and they told me that they wanted to withdraw charges against me.

“The police at Kutlwano told them that they could not withdraw the matter because it was already before court. I have never had sex with the accused.”

Prosecutor Atina Mandigo asked Morwagole why he bought the complainant alcohol and not his daughter during cross-examination.

Morwagole told him he bought her alcohol because she demanded it and said she was old enough to drink alcohol.

Mandigo asked Morwagole why the police found a bottle of Windhoek Lager and a cigarette butt in his daughter’s bedroom where the complainant was sleeping even though she had said she drank Heineken.

Mandigo then put it to Morwagole that he went to his daugther’s bedroom at night and lifted the complainant to his bedroom where he raped her.

Morwagole denied that.  He said that the complainant probably took the Windhoek Lager from the fridge and drank it.

The next witness, Inspector Ditsapelo Emmanuel told the court that the complainant alleged that whilst she was sleeping, Morwagole got underneath her blankets and had sex with her without her consent.

He added that the complainant told him that she did not know if Morwagole used a condom or not. Judgment on the matter will be delivered on August 27.  The accused is out on bail.