Incestuous father granted bail

Lebogang Mosikare | Friday November 4, 2016 17:37

 

Principal Magistrate Sijabuliso Siziba had last year sentenced to six years the 63-year-old convict, who cannot be named to protect the interests of his 21-year-old daughter, who at the time of the offence in 2007 was 12-year-old.

Yesterday, the petitioner’s attorney, Morgan Moseki told the court that an assessment report that the court ordered the social welfare department in Francistown City Council (FCC) to compile, was ready and has since been filed with the court registry.

Justice Phadi Solomon had ruled that social welfare officers at the FCC should prepare a report of how releasing the applicant from jail pending his appeal would affect the victim and her siblings. Moseki said about the report:

“The social workers from FCC have interviewed all the four children of the appellant. The children do not object that he should be given bail pending his appeal against conviction and sentence.

He would stay in Masunga and would be allowed to come to Francistown since his children have told the social workers that they have forgiven him. He would also abide by all the (bail) conditions that the court would impose on him.”

Ofentse Uyapo from the Directorate of Public Prosecutions (DPP) told the court that he has since perused the report and did not object to the petitioner being granted conditional bail pending his appeal.

Justice Solomon granted the appellant bail on condition that he reported to Masunga Police Station every Friday between working hours, handed his passport to the Masunga police station commander and attended court as and when required.

The lower court that convicted the accused of the offence said that the state had undoubtedly proven its case against him. 

The complainant said her first sexual encounter with her father was June 2007 and then four months later.  She said the first time, she was from a funeral with her father and her two brothers, Siziba added. 

“She said while they were still walking along the bush, her father gave her brothers money to go and buy sweets before he took a different route with her,” Siziba said. 

The court heard that on several occasions, the father demanded sex from the minor.  “She said she complied because she was young and was afraid that her father would kill her since he once threatened to shoot her with a gun if she reported their sexual escapades to anyone,” Siziba said, adding that she reiterated that under cross-examination from her father. 

Siziba stated that the victim’s stepmother, brothers, social worker and the accused person’s younger brother corroborated the victim’s evidence.  He added that the investigating officer and DNA evidence, which corroborated the victim’s testimony, dealt a fatal blow to the accused’s defence.