FRANCISTOWN: A 40-year-old Botswana Defence Force (BDF) soldier appeared in court on Friday for allegedly raping his 13-year-old daughter.
The state alleges that Fanisani Magaga who is a corporal based at the BDF Donga Camp raped his school going child on April 7 at their place of abode at BDF Area S Camp. The accused who is represented by attorney Morris Ndawana pleaded not guilty to the charge.
Ndawana applied for the accused to be granted bail on condition that he does not contact the complainant, the complainant should move from the Area S home to go and stay with her grandmother at Tati Siding and shall attend all court mentions when required to do so.
State counsel Mompoloki Gaboiphiwe confirmed the conditions applied for by the defence but added that Magaga should also not interfere with the complainant directly or indirectly.
She said that investigations in the matter are complete and applied for trial dates to be set. Granting Magaga bail, Principal Magistrate Dumisani Basupi said he stands accused of a very serious crime which is also compounded by the fact that his daughter is the complainant.
“I have heard the application for bail that the prosecution did not dispute. According to the charge sheet the accused is alleged to have raped his own daughter who is under 16 years,” said Basupi.
Basupi said that it therefore raises serious concern whether the accused will contact the complainant in whatsoever manner or not adding in his view it is a difficult situation to avoid.
In the aforementioned I grant him bail on condition that he pays P1000, brings two sureties who shall each pay P500, shall not contact the complainant in any manner, shall not interfere with state witnesses, shall report to Francistown police every Monday between working hours and shall attend court when needed, said Basupi.
Trial dates have been set for September 21 and 22.