State prosecutor Mackray Nkele said they could not trace the medical doctor who compiled the report as he is said to have gone to South Africa for studies. He however argued that failure to produce the medical report does not compromise the state's case.
"The complainant gave testimony before court that the two forcefully dragged her to Tshuma's place and raped her at knife point. Even her evidence corroborated that of her two witnesses," argued Nkele. Forget Tshuma 20 and Luckson Sibanda 33, both citizens of Zimbabwe, are said to have committed rape back in December 2010 near Old Munger Farm, north east of Francistown. Nkele further contended that where there is no primary evidence like medical records, secondary evidence from witnesses and a forensic laboratory proving contact between the accused and the complainant has to be relied upon. "As the state, we rest our case. But we wish that other evidence on the matter is used,"pleaded Nkele's defence attorney, Isaac Seloko who said he will apply for 'no case to answer'. He argued that in all rape cases, a doctor's testimony is so important that without it, the state fails to prove its case. "A doctor's report is the one to prove before court that what my clients are accused of, really happened that night.
