FRANCISTOWN: A Zimbabwean man who is accused of defilement is accusing the Investigating Officer (IO) of xenophobia.
Edward Dube, from Gokwe in Zimbabwe made the claim Tuesday when he appeared before Senior Magistrate Thapelo Buang for arraignment.
According to the charge sheet, Dube allegedly defiled the complainant between July 2017 and September 30, 2021 at Maipaafeka location in Francistown.
Dube told the court that the reason why he was being denied bail was because the IO was exhibiting xenophobic tendencies towards him.
“I am in jail and being denied bail simply because I am a Zimbabwean,” said Dube.
Asked by Buang to clarify if he was saying that the court is xenophobic and if he (Dube) has got xenophobic tendencies in his mind, Dube said: “No I am not saying that this court is xenophobic. I am saying that the IO is denying that I should be granted bail simply because I come from Zimbabwe.”
Dube has previously told the court that the IO is aware that he was granted bail by the then Magistrate Goodwill Makofi, who is now a judge, but is now denying that assertion.
After carefully perusing the case record, Buang told Dube that there is nowhere in the record which reflects that Dube was indeed granted bail by Makofi.
Buang then asked Dube if he had any documents validating his stay in Botswana and that if the court was minded to grant him bail, where would he stay. In response, Dube agreed with the magistrate and prosecution that he did not have any documents authenticating his stay in Botswana, adding: “The police know where I stay at Maipaafela where they arrested me. I will stay where I was arrested.”
However, Buang denied Dube bail because he was a flight risk.
Dube had earlier pleaded guilty to a charge of entering Botswana illegally.
He is due in court on March 1 for facts reading, mitigation and sentence in relation to entering Botswana using an ungazetted point of entry. He is also awaiting DNA results in relation to ‘defilement’.