Court rules complainant not credible, as Majaga walks
Staff Writer | Monday March 22, 2021 13:32
Majaga had pleaded not guilty to the charge of defilement where prosecutors alleged that between September 2019 and May 2020 at Malelejwe settlement in the Central Administration District, the MP unlawfully had carnal knowledge of the complainant, a girl under the age of 18 years.
In her judgment today, senior magistrate Keabetswe Majuta in Nata said the complainant had admitted that she was involved in sexual activities with one Kabelo at the same time she that was allegedly engaging in sexual intercourse with the accused.
“The complainant testified that she communicated with the accused through texts using her mother’s phone. She left school when she was doing Form 2 in 2018 as the accused had promised to look after her and also get her a job. It is her testimony that the accused fathered her child,” Majuta said.
The senior magistrate noted that the paternity of the baby born of the complainant had excluded the accused person.
Majuta further said the State’s key witness was discredited by its own witnesses.
She said the defence, marshalled by attorney Mishingo Jeremiah, submitted that the State should have brought the alleged love messages between the parties to Court to corroborate the complainant’s story.
The senior magistrate agreed that this would have gone a long way in supporting their case and in this era of technology, “one does not choose to dangle a carrot and make such allegations without proof”.
“Having said that and given the heavy contradictions in the prosecution’s evidence, I pronounce that the complainant has failed the credibility test, my inquiry into the matter shall end here. I return a verdict of not guilty. The accused person is accordingly acquitted and discharged,” ruled Majuta.