Soldier seeks bail pending appeal for raping daughter

Lebogang Mosikare | Wednesday August 16, 2017 18:00

The soldier’s attorney, Morris Ndawana told the court that he did not have much to say in court but will rely on his heads of arguments to argue his client’s case.

“Both parties in this matter have filed their heads of argument in respect of this application. I cannot speak more than our heads of argument. All the issues in this matter are fully addressed in our heads of argument,” said Ndawana in brief.

Inspector Mbatshi Mafa told the court that they will deal with the heads of argument before asking for another date of mention.

Principal Magistrate Dumisane Basupi will deliver ruling in the matter on August 22.

The 42-year-old corporal who was based at the Area S military garrison was convicted for raping his daughter then aged 12 on October 7, 2014 after he returned from a trip from Shoshong.

When passing sentence previously, Basupi said he took into consideration what the accused’s attorney said in mitigation.

“I take into account that the accused is a first offender. I also take into account that his wife is surviving on piece jobs and that the accused was a breadwinner for his family. It was also submitted that I should tamper justice with mercy when passing sentence,” he said

Basupi said he wished to point out that there were aggravating factors when the accused committed this offence.

“The accused is an adoptive father to the complainant but the complainant’s birth certificate shows that he is the father to the victim. It is my considered view that all along the accused was aware that the complainant was his child. In the same vein, the complainant regarded the accused as her father,” said Basupi.

Before passing sentence, Basupi reiterated what he said previously.

“When the accused returned from a trip at Shoshong, his wife was present at home. I wonder what came to his mind that triggered him to rape his daughter after being away from his wife for some time while his wife was present.

“His wife was either refusing to give him his conjugal rights, the wife was probably unable to satisfy him sexually or he was just motivated by sheer greed to have sex with both his wife and daughter at the same time. I must however state that no evidence was availed before me to prove any of the above. Therefore what motivated the accused to rape his daughter remains a mystery till today,” said Basupi.

Added Basupi: “…It should be noted that crimes of these nature are becoming very prevalent in this jurisdiction. It is therefore the onus of the courts to pass sentences that will act as a deterrent to would be offenders in future...The accused is therefore sentenced to 20 years in jail.”

In addition, Basupi said, the sentence should be backdated to the time that the accused spent in jail.

“I also make an order that social workers should give counselling sessions to the complainant...,” Basupi concluded.