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Accused in defilement case wants magistrate to recuse herself

Defilement is rising menace in Botswana
 
Defilement is rising menace in Botswana

Appearing before Ncube on Thursday, George Madala Phiri said that he wants the magistrate to recuse herself from the case because she is biased against him.

“I am filing that the magistrate should recuse herself from this case because she does not want to listen to me. You are only considering the evidence submitted by the prosecution. You believe them over me,” he said.

Phiri who first appeared on December 16, 2015 said that the magistrate is not fit to preside over his case because she favours the prosecution.

He dismissed all the evidence submitted by the prosecution before the court.

He was denied bail because he is a prohibited immigrant after the Immigration Office in Mahalapye declared him so in 1997.

According to the charge sheet, between February 1, 2015 and December 8, 2015 the accused, who resides at Old Naledi, had carnal knowledge of a mentally challenged person who is a minor.

The accused has previous convictions. He has previously served 15 years for armed robber as well as four years and 23 months for two different counts of burglary.

The court also heard that in his previous convictions, Phiri used different names such as Welcome Phiri, Moffat Phiri, Welcome Mpana and Moffat Mpana. 

 The accused will appear on March 3, 2016.

Sub Inspector Peter Simisani represents the state in the matter.