Blunder in Majaga DNA Collection- Lawyer
Lebogang Mosikare | Monday September 14, 2020 16:21
Majaga is accused of defiling the minor between September 2019 and May 2020 at Malelejwe cattle post.
The outspoken MP denies the charge, insisting it is politically motivated.
The current case is the third sexual offence that has been levelled against Majaga.
Last week, the court in Nata ruled in favour of the state’s application for Majaga to undergo a DNA test to prove whether he committed the offence or not.
However, it is apparent that the state initially made a blunder when obtaining forensic evidence (DNA) in order to link Majaga to the offence. According to Majaga’s attorney, Mishingo Jeremia, after the birth of the complainant’s child, the prosecution moved swiftly to collect blood samples from both the mother and child. This was done in the absence of Jeremia and Majaga, contrary to the Forensic Procedures Act (FPA).
The FPA is a legal instrument that provides for the procedures for obtaining forensic material: the retention, storage and disposal of forensic material and the use of forensic material for scientific analysis during criminal or other investigations.
“According to the act, it was unprocedural for the state to have collected blood samples from the complainant and the baby in the absence of the accused and or his attorney.
Even if the accused is not present, the act stipulates that his attorney should be present when blood samples are extracted from all the key parties in the matter (complainant, baby and accused). The state even obtained the blood samples from the complainant and child without a court order as per the act,” Jeremia explained. Jeremia told The Monitor that following the state’s bungling of the its initial DNA collection procedure, the court made an order to the effect that Majaga should provide his DNA to the prosecution – a procedure Majaga underwent immediately after court on Wednesday at a medical facility in Nata. Jeremia stated that the court also made an order for the prosecution to extract blood samples from the complainant and baby in his (the defence) presence.
However, Jeremia explained that he does know when blood samples from the complainant and baby will be obtained but thinks that it will be some time this week. “I am waiting for the prosecution to inform me when blood samples will be extracted from the complainant and her baby.
I am expecting the prosecution to inform me this week but I also don’t know where the procedure will take place because the whereabouts of the child are a secret since Majaga allegedly committed the offence,” Jeremia said.