Stubborn Man Up For Sister, Aunt Rape
Lesedi Kegorogile | Monday January 21, 2019 13:47
The man, who cannot be named for ethical reasons, allegedly raped his aunt once on May 17, 2017 and again on May 20, 2017 at Thapadiatla ranch near Sehunong village in the Central District of Botswana.
The State also alleges that the accused also sexually violated his biological sister after raping his aunt on May 20, 2017.
When the accused appeared before Justice Matlhogonolo Phuthego for an application for bail pending trial, he pleaded with the court to grant him bail because he has been in custody since he was arrested in December 2017.
“I have been in custody for a long time ever since I was arrested in 2017. I know that I am facing serious charges of rape, but I pray that I be granted bail. When these allegations started, I was employed as a farm hand.
Ever since I was arrested, I have left the property of my employer unattended.
“I pray that I be given bail so that I can go and look after the property of my employer. I have a fear that he is gong to take action against me for abandoning his property,” the accused pleaded.
He continued: “I promise to religiously abide by the conditions that the court will impose.”
After the accused advanced reasons to be given bail, Justice Phuthego asked him to clarify if it was true that he proceeded to rape his aunt again on the same day (May 20, 2017) after the police granted him bail, he responded: “I was not on bail. The prosecution is not telling the truth”.
Thereafter, the prosecutor in the matter, Kgomotso Tshekiso from the Directorate of Public Prosecutions (DPP) told the court that the reason the accused was given bail after he allegedly committed the first offence on May 17, 2017 was that police investigations in the matter were still on.
She continued: “A warrant of arrest was issued against the accused but the police only managed to arrest him in December, 2017. It is clear that the accused is a flight risk.
“If the court decides to grant the accused bail, the police will have difficulties locating him. The accused has shown that he has a propensity to commit serious crimes while he is on bail”.
Tshekiso also explained that even though the accused has a constitutional right of being given bail before his cases are finalised, that right is not absolute.
She then implored the court not to grant the accused bail under the circumstances.
She added: “The accused raped his aunt for the second time in the presence of her husband. He even injured his aunt’s husband with a handle of the axe”.
The accused then told the court that he was not denying that he was facing three counts of rape.
He said: “I did not rape the complainants in the presence of their husbands as the prosecution alleges. That is impossible”.
Justice Phuthego will deliver his ruling on January 23, 2019.
Phuthego also made an order that the accused be incarcerated until the ruling for his application is delivered.