Extension II Chief Magistrate, Kamogelo Mmesi, has rejected admission of psychology expert witness as requested by the State in a rape case against retired University of Botswana (UB) professor Brothers Malema.
Prior to magistrate Mmesi rejecting the application on Thursday, the State had indicated that it wished to introduce an expert witness midway trial. However, defence attorney Busang Manewe objected on many grounds highlighting it was tantamount to an ambush. “This is a criminal trial, a very serious one which the maximum sentence can be life,” he argued before court. “It is trite as per the Constitution that the accused has the right to be afforded all the relevant documents that are for this case and should be done so before the commencement of the trial.” The State prosecutor, Mmapatsi Tshimologo, had on the other end denied that such claims and highlighted that it was up to the court to decide. “I still stand by my application, and it is right that the court can call any witness at any stage, midway or commencement, when the witness appears essential to the purpose of arriving at justice,” Tshimologo said.
However when delivering her ruling yesterday, after listening to both sides’ arguments a fortnight ago, Magistrate Mmesi ruled in favour of the defence. She highlighted the expert witness will not impede anyone even if she/he is not admitted. "The State will not suffer any prejudice and the matter should just continue without the expert witness," she ordered. Malema stands accused of raping a student (name withheld) from the UB, then 18 at the time, on January 9, 2024. It is alleged that the now-retired lecturer sexually violated the complainant when she had gone to the accused’s office to enquire about her marks.
