Rape Accused Father Denied bail

Lesedi Mkhutshwa | Monday August 2, 2021 21:34

The accused, who cannot be named for legal reasons, allegedly raped his daughter on July 26, 2021 at Chadibe village.

The man, who hails from Plumtree in Zimbabwe, is also charged with entering Botswana illegally at Siviya village in the North-East District of Botswana during an unknown date. The Zimbabwean, who was a herd boy at Kajata’s farm in Chadibe, is also charged with resisting arrest when police officers tried to apprehend him in Mandunyane village where he had escaped to last Monday after he allegedly raped his daughter.

When motivating reasons why the accused should not be granted bail, Koziba Nthanga from the Directorate of Public Prosecutions told Magistrate Chandapiwa Molefhi that the matter was still fresh, hence it will be against the interests of justice to grant him bail when investigations had just commenced.

 The Investigations Officer (IO), Oteng Kgathego said he came to know the accused after he was implicated in sexually assaulting his daughter.

“The accused fled after he allegedly committed the offence. We took the complainant and her mother to the clinic for medical assistance where they were later referred to Nyangabgwe Referral Hospital. They are still admitted at the hospital. There is also an issue of how the accused is related to the complainant that we have to ascertain. Even though I have not yet received the medical report of the complainant, she is being treated for injuries associated with being sexually assaulted,” Kgathego said.

The accused’s shenanigans, Kgathego explained, were discovered when the mother was bathing her child.

 “The mother discovered that her child might have been sexually violated after she found some fluids coming out of her daughter’s private parts when she was bathing her. She had earlier left the child under the care of her father on July 25. The mother also said that she also found the fluids coming out of her child’s private parts on July 26. The child also told her mother that her private parts were painful when her mother was bathing her,” said Kgathego.

 “We are therefore opposed to the accused being granted bail because he does not have any travelling documents authorising him to stay in Botswana. The accused is also a flight risk because does not have any permanent place of abode in Botswana. He also escaped to Mandunyane after he allegedly committed the offence. He had made arrangements with his employer to bring him money at Mandunyane so that he could escape to Zimbabwe. We also fear that the accused may tamper with potential witnesses since the matter is relatively fresh.

Also, looking at the seriousness of the matter and the sentences it (rape) attracts, we fear that the accused may escape and not stand trial if he is granted bail,” Kgathego pleaded with the court.

 Asked if he had anything to say in relation to the application made by the State, the accused admitted that the complainant was his child but he denied ever sexually assaulting her.

Magistrate Molefhi denied the accused bail based on reasons that were advanced by the prosecution. The accused is due in court on September 2.