Defilement case remitted to Magistrate's Court


FRANCISTOWN: The High Court has struck off the urgent roll application by a Zimbabwean man who is charged with one count of defilement and another for entering Botswana illegally.

This follows an application by Zibuse Nxabile who is alleged to have defiled a girl under the age of 16 sometime between December 2018 and January 2019 in Ditladi village. Nxabile is also accused of having entered Botswana illegally during an unknown date at or near Ramokgwebana village. The accused had made an application saying that the charge sheet concerning the offence of defilement was defective because it was never read to him and that his plea was never taken.

He further said another person implicated in the matter whose blood was taken for forensic analysis was left off the hook and that his blood was not extracted. Nxabile also indicated that the complainant’s blood was not extracted as well after she fell pregnant amongst other reasons. Even though his defilement trial was yet to commence before the Francistown Magistrate's Court, Nxabile prayed with the High Court to dismiss the defilement matter. When dismissing the urgent chamber application, Justice Tshegofatso Mogomotsi said that the issues raised by the applicant for his acquittal should be dealt with by the lower court where he has the opportunity to cross-examine state witnesses. “Only the trial court can determine this matter after having carefully analysed all evidence brought before it.

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