�Rape and bathe them� accused gets bail

Sharon Mathala | Tuesday April 26, 2016 15:17

 

The state had argued that Nfila had other rape and robbery cases under investigation for which he was out on bail and also that victims were still angry, with a possibility of them taking the matter into their own hands. The state also said Nfila had previously breached his bail conditions in other cases.

The 37-year-old, who was out on bail at the time of the offence, is suspected to have raped and robbed two sisters at their home in Gaborone West Phase 2 this year. The victims, a 36-year old woman and her 27-year old sister, were asleep when Nfila allegedly broke in armed with a knife.

Yesterday, Makofi said the central matter in granting bail was whether Nfila would attend the court dates.

“Consideration is not whether the accused has committed the offence; those are matters of the trial court.

“It is worth noting that the laws of Botswana do not account for repeat offenders,” he said. “If an accused person once breached his bail, this then does not mean he is not a candidate for bail on his/her present matter. The judicial discretion is guided by the accused’s right to liberty and the presumption of innocence as provided by the constitution.” Makofi said the prosecution’s case to deny the accused bail was weak and there were no facts presented in court to support the state’s argument.

“It is not sufficient for the prosecution to present a catalogue of cases against the accused which are pending before courts,” he added. “The remedy for repeated offenders relies not on the denial of their bail but the speedy conclusion of their cases against them.”

The magistrate added that cases against the accused person are pending because of delays in police investigations, adding that bail is not designed to stop repeat offenders.

Nfila, a suspected serial rapist, is alleged to have broken into the sisters’ house through a window, dragged the younger sister to the living room and raped her. He then allegedly proceeded to another room and also raped the older sister.

After robbing them of their cellphones, he then forced them to bath before fleeing from the scene. Police suspect Nfila used the same tactics on his other victims. The case continues on May 27.