FRANCISTOWN: A Zimbabwean man has lost his bid to halt the State from taking his blood sample to determine if he impregnated a school going minor after he allegedly defiled and raped her.
The accused, Edward Dube, 36, had made an application before the Magistrate’s court asking to stop the State from taking a blood sample from him willfully or forcefully to determine if he indeed fathered a child with the minor aged 17 in 2022.
When giving a ruling regarding the application, Magistrate Tshepo Magetse said the applicant was refusing to have blood extracted from him for purposes of determining if his DNA matches that of the child he allegedly fathered with the minor.
Magetse further said Dube’s application calls into question whether the court was competent to hear the instant application and whether the Investigating Officer (IO) was empowered by law to take Dube before a competent medical officer for a DNA test. In the instant matter, Magetse noted, the IO must apply for a court order to the effect that the applicant must submit his blood for DNA testing.
“The IO in these matters has made an application for blood to be extracted from the applicant for purposes of determining if he fathered a child with the complainant... It is common cause that defilement and rape are serious charges.
For the charges against the applicant to sustain, there must be reasonable suspicions that he indeed committed them. It must be noted that a child was allegedly born from one of the charges. Notwithstanding the above, it appears that the charges involve a minor... therefore, there must be reasonable suspicions that the applicant committed the offences,” Magetse explained.
Magetse also said the State has demonstrated that blood should be taken from Dube for purposes of determining if he (Dube) fathered a child with the minor or not. The IO, Magetse continued, is ordered to take the applicant to a medical officer for extraction of his (accused’s) blood for DNA test.
“In the event that the accused does not comply with this court order, I make an order that the IO should facilitate that blood should be extracted from the accused through force. The accused is advised of his right to appeal to the High Court if he is not happy with this ruling.
The accused shall appear in court on February 21 for mention. He shall be reminded in custody until then,” Magetse concluded.
