Magistrate livid as double rape accused dithers

Lebogang Mosikare | Friday June 27, 2014 17:12

Raobe Robert Peter (28) was in court for allegedly raping two young ladies in 2009 at Satellite and Coloured locations here, a charge he has pleaded not guilty to. Basupi told Peter that he (the accused) was on a mission to ensure that the cases are never concluded, even though they were registered five years ago.

At his latest appearance, Peter told the magistrate that the case could not proceed to trial because he had pains in his kidneys.

The accused also told the court that he had lost all the witness statements he was given by the prosecution after the house he was living in was gutted by fire in 2012.

However, Basupi did not take kindly to Peter’s appeals and ruled that the case should continue.

“I now make the following ruling because the prosecution had made an application for the case to proceed today and has called six witnesses to testify on its behalf. “The charges the accused is facing started in 2009,” said Basupi.

As Basupi read his ruling in favour of the State, Peter interjected telling the magistrate that he would receive an unfair trial because he did not remember what was written in the witness statements.

However, the magistrate threatened to send Peter to a customary court for seven strokes of the whip for disturbing the court.

“I have examined the accused, particularly the pain he says he is feeling in his kidneys. In doing so, I bear in mind that the accused is not a medical practitioner to confirm he has the pain.

“He failed to produce a medical report to show that indeed he was feeling pain on his kidneys.

“On the second matter, he says that the statements he was given were burnt in a house he was living in 2012. From the record of proceedings before me, it is crystal clear that on November 1 in 2013 the accused told the court that he would be ready to proceed with the trial today as scheduled.

“From the above I have no doubt that the accused is playing delaying tactics for the matters not to proceed,” said the magistrate.

Basupi added that without evidence that the witness statements were indeed burnt in a fire, the case would continue. However, the magistrate adjourned the matter to allow Peter to read the statements again.