Former TAFIC coach�s rape case continues
Lebogang Mosikare | Thursday January 21, 2016 12:39
The accused allegedly committed the offence at Gerald Estates on January 29, 2014. The fourth prosecution witness in the matter, Badi Jackson, who was also the complainant’s class teacher at Moremogolo Primary School, said that she noticed that the complainant was feeling sleepy during lessons. Jackson said that she continued waking her up adding that the complainant later voluntarily came to her and narrated what had allegedly happened.
“The complainant told me that she felt pain on her body. She told me that she met the accused on her way from church at night. She said the man asked her where she was staying and she told him that she was staying at Block One.
She said she asked a lift from the man but the man drove to Gerald…She said the man later had sex with her for the whole night,” said Jackson when asked by Ogolotse Tampa from the Directorate of Public Prosecutions (DPP).
Jackson stated that the victim told her that the accused threatened to beat her up if she screamed during sex.
Added Jackson: “The complainant told me that she told the accused that she wanted to go home later that night but he told her that she was irritating him.
She also said that the accused raped her once more in the morning around 5am. I later told the guidance and counselling teacher and the deputy school head before we reported the matter to the police. We also called the complainant’s grandmother to school and informed her what the child told us.”
When being cross-examined by the accused’s attorney David Olatotse, Jackson told the court that she taught the complainant for about one year and some months.
“The complainant was not like other students. She was mentally disabled. Prior to being enrolled in my class, she was attending a special education class. She enrolled in my class after making some notable progress although she did not behave like my other students and was a slow learner…I agree to have recorded a statement with the police but my statement was based on what the complainant told me,” Jackson said.
Jackson however said that she was not aware that the complainant had told a doctor about the pains she complained of.
Olatotse put it to Jackson that what the complainant told her was just caused by her state of mental health to which Jackson reiterated that she was telling the court what she only heard from the complainant.
“I also did not counsel the complainant before she narrated what may have happened to her…Her grandmother told me that she is normally transported home from church by other church members.
The grandmother also said the complainant had told her about what happened but she took no action adding that she was working at night when the incident allegedly happened,” said Jackson.
The case is continuing before Senior Magistrate Thebeetsile Mulalu.
In a related incident, a 21-year-old Zimbabwean man was found guilty of two counts of rape, one count of stealing a cell phone and one count of entering Botswana illegally after he entered into his own plea of guilty in all the charges.
Passing sentence, Mulalu said the accused, Xolani Dube, was a first time offender who was fairly young when he committed the offences at Gulubane village in November and December last year.
“However, on the other hand the accused has committed very serious offences. Offences involving rape and theft are very prevalent with the former attracting a minimum sentence of 10 years imprisonment. The court can pass lesser sentences to rape convicts if it find extenuating circumstances that may have led the accused to commit the crimes,” said Mulalu.
Mulalu stated that having carefully analysed evidence before him, he found out that no extenuating circumstances existed that may have led the accused to commit the offences adding that he instead found aggravating factors.
He said the accused followed all his victims to their places where they were sleeping before he committed the offences.
“He had embarked on a sexual crusade. It is fortunate that the accused used a condom otherwise we can imagine the dangers that he could have exposed his victims to.
I sentence him to 10 years in jail for each count of rape, one year in jail for theft and three strokes for entering Botswana illegally. The rape and theft counts are to run concurrently,” said Mulalu.