Three up for rape, robbery
Staff Writer | Friday April 6, 2018 14:59
They allegedly robbed the woman and her partner of a cellphone and other valuables worth P3,049, using violence. The State also alleges that after the trio robbed the woman, Malebye proceeded to rape the woman in front of her partner. Malebye is not new to crime. He spent many years in jail after being convicted of the murder of Tshokodiso Plots, a former Botswana Defence Force (BDF) soldier.
Saddam, as Malebye is popularly called in social circles, was later acquitted and discharged of the offence by the Court of Appeal (CoA).
The prosecutor in the matter, Inspector Mengistu Chigala, applied for the trio to be remanded in custody. Chigala called the investigating officer in the matter detective sergeant, Batisani Soba to give reasons why the trio should not be granted bail. Soba told the court that Kayeye escaped from the police cells at Central Police Station after he was arrested in connection with the charge of robbery. “We arrested the accused (Kayeye) on March 29 at Tsamaya village following a tip-off. He is currently facing a similar matter before this court.
Also investigations in the matter are still continuing, hence we apply for the accused to be further remanded in custody. I am yet to extract blood from Kayeye, record his statement and take his fingerprints. May I be given 14 days to complete my investigations because I am also investigating other cases,” Soba said.
In cross-examination, Kayeye put it to Soba that he did not escape from custody but was freed by him after questioning him at the scene of the crime.
In response, Soba admitted that he indeed freed Kayeye but he (Kayeye) was later arrested after investigations showed that he also took part in the commission of the offences.
As the cross-examination continued, Kayeye pleaded innocent saying even Malebye and Letsholo have told the police that he knew nothing of the offences. At the end of the appearance, Chief Magistrate Thebeetsile Mulalu ruled in favour of the State for the trio to cool their heels in the slammer.
He said: “The accused are facing serious offences of rape and robbery. Malebye and Kayeye are also said to be facing similar counts of rape and robbery. I remember the said cases very well because they are before me.” “The accused have the right to bail since they have not been found guilty of any crime in relation to all these allegations.
However, the right and liberty of one man should not encroach on the rights of others. In my view the accused are not good candidates for bail.
Their application for bail is therefore opposed and they are at liberty to appeal my decision at the High Court if they are not satisfied with it. They shall appear in court again on April 14,” Mulalu said.