Incarcerated Rapist, Woman Basher Denied Bail
Lebogang Mosikare | Monday March 30, 2020 19:10
Modongo was sentenced to 15 years in jail for raping and unlawfully wounding his girlfriend in a spat in Mahalapye in 2015.
Motivating his appeal before Justice Matlhogonolo Phuthego, Modongo prayed with the court to grant him bail pending appeal because he has been in jail since 2015.
“I am praying with the court to grant me bail because when I was incarcerated, I had just began the process of building my house at my plot,” Modongo said.
Asked by Phuthego what would happen to him if he could just wait and complete his sentence, Modongo said: “I left my small child behind when I was incarcerated. I want to go and develop the plot so that my child would have something that can sustain him when he grows up”.
Quizzed by Phuthego if he had prospects of success and if at the time his appeal is heard, he would have served a substantial period of his sentence, Modongo responded: “I have been in prison for a long time. I have been sentenced to 15 years in jail and I have been in prison for about five years. I believe that by the time my appeal is heard, I would have served a substantial part of my sentence”.
At that point, Phuthego asked Modongo what made him think like that because he has not even spent half of his sentence in jail and what made him think that by the time his appeal is heard, he would have served the bulk of his sentence and what were his prospects of success, Mudongo said: “I don’t know if I have prospects of success in my appeal and don’t know the period I would have spent in prison before my appeal is heard”.
Phuthego then told Modongo not to worry because the court was just about to set the date of his appeal to which Modongo said he did not have a problem.
At the end of the hearing, Phuthego made an order that the appellant has not advanced any reasons why his appeal would be successful adding that he also failed to demonstrate that his appeal would be heard on time.
“The appellant’s application is therefore hereby dismissed. He shall come to court on May 28, 2020 for his appeal hearing,” Phuthego said.
Universe Kabecha represented the State while Modongo appeared in person.