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�Habitual� rape accused denied bail

 

Responding to Moloi’s written bail application for the prosecution, Oamogetswe Gaboutwelwe submitted to court that Moloi is facing three counts of which each rape offence carries a 10-year minimum sentence.

She said she is of the view that the accused person is not a fit candidate for bail looking at the gravity of each of the offences he is accused of.  She said that he might be tempered to run away if granted bail.

“I fear that if granted bail the accused person will run away as has already demonstrated by the fact that he was arrested at Masunga where he had fled after committing the last offence. He was arrested there through the assistance of Masunga police,” Gaboutwelwe said. Gaboutwelwe said the investigating officer (IO) in the case told the court in the previous mention that Moloi is a flight risk because he once ran off when a certain detective constable tried to arrest him.

She said that alone shows Moloi was not someone who can be trusted hence pleading with the court to deny him bail.

To Gaboutwelwe’s response, Moloi said he was confused as to why she (Gaboutwelwe) was saying he is a flight risk because he handed himself over to Masunga police after they phoned him.

“I am pleading with this court to grant me bail so that I can look for an attorney to represent me in the case. I am a Motswana, there is nowhere I can run to, I do not even have a passport to be able to cross the borders.  I only have Omang,” Moloi said.

Responding to Moloi’s bail application, Tonoki said in his previous mention that Moloi did not dispute he once ran away from a constable they tried to arrest him.  He said running away from a police officer in itself brings fear that if granted bail he would abscond.

“You are facing three counts of rape, count two and three were committed within a space of a month.  This brings fear that if you are granted bail there is a possibility of you committing more rape offences. Therefore this court dismisses your bail application, you will further be remanded in court,” Tonoki said.

Moloi is due in court again on December 21, 2017 for mention. Moloi committed the alleged rape incidents on March 25, 2014, March 12, 2017 and on April 16, 2017, all of which were committed at Ledumang in Gaborone.