FRANCISTOWN: The procedure for collecting DNA evidence in a case in which Nata-Gweta Member of Parliament, Polson Majaga is charged with defiling and impregnating a schoolgirl was improper, the defence lawyer has said.
Majaga is accused of defiling the minor between September 2019 and May 2020 at Malelejwe cattle post.
The outspoken MP denies the charge, insisting it is politically motivated.
The current case is the third sexual offence that has been levelled against Majaga.
Last week, the court in Nata ruled in favour of the state’s application for Majaga to undergo a DNA test to prove whether he committed the offence or not.
However, it is apparent that the state initially made a blunder when obtaining forensic evidence (DNA) in order to link Majaga to the offence. According to Majaga’s attorney, Mishingo Jeremia, after the birth of the complainant’s child, the prosecution moved swiftly to collect blood samples from both the mother and child. This was done in the absence of Jeremia and Majaga, contrary to the Forensic Procedures Act (FPA).
The FPA is a legal instrument that provides for the procedures for obtaining forensic material: the retention, storage and disposal of forensic material and the use of forensic material for scientific analysis during criminal or other investigations.
“According to the act, it was unprocedural for the state to have collected blood samples from the complainant and the baby in the absence of the accused and or his attorney.
Even if the accused is not present, the act
However, Jeremia explained that he does know when blood samples from the complainant and baby will be obtained but thinks that it will be some time this week. “I am waiting for the prosecution to inform me when blood samples will be extracted from the complainant and her baby.
I am expecting the prosecution to inform me this week but I also don’t know where the procedure will take place because the whereabouts of the child are a secret since Majaga allegedly committed the offence,” Jeremia said.