29 Jul 2020

Magistrate Odirile Mokgatle on July 28 sent a stern warning to would-be-rapists when he sentenced the trio of Amogelang Tshiamo, Gobonaone Tase and Kopanang Podisi to 10 years each behind bars, with no part of the sentence suspended.

Passing the sentence, Mr Mokgatle also said it would not run concurrently with any sentence the trio may be serving at present, or may serve in future. 

The trio were said to have, acting in common concert, sexually assaulted a woman at Samane near Jwaneng on October 2016.

He said there was no doubt the evidence was stacked against the trio, citing their shoe prints that placed them right at the scene of crime. 

“The complainant was also able to identify you without a flinch as you are familiar with her, and that before the ordeal, you danced with her at an entertainment spot in the village,” he said.

Mr Mokgatle also indicated that although Tshiamo’s DNA was not detected on the complainant, unlike those of the other two perpetrators, it did not mean that he did not participate in the criminal act.

“There is enough proof that the accused also penetrated the complainant although his DNA was not detected on her. It is not always the case that DNA is detected and that has been proved through previous cases on record,” he said.

Mr Mokgatle said the fact that his fellow perpetrators indicated that the accused had his turn with the complainant was enough proof against him. 

Mr Mokgatle also said that the defence of Tase that the complainant was his girlfriend and that they often had consensual sex did not hold water.

“Even if one is your girlfriend, they have to consent to the act, and on that day there is no indication that she consented. The fact that you dragged her all the way from the drinking spot to the bush, forcefully undressed her despite her screams was enough evidence that she was an unwilling participant in the act.”

Mr Mokgatle also indicated that he was satisfied that the prosecutor, Inspector Edwin Supang did his job of proving the case beyond reasonable doubt, and that the trio were guilty as charged.

He said in reaching his conclusion, he took into consideration the fact that the trio were first offenders, showed some remorse in their pleas, were all youths and were intoxicated on the day of the offence.

When making his submission for a sterner sentence, Inspector Supang indicated that even though the trio were still youthful, it should also be considered that they committed the offence against a helpless woman, using force.

The trio are said to have dragged the complainant from a drinking spot to a bush outside Samane, ignoring her screams. 

They are said to have taken turns raping her, with two of them holding her hands each time the other one was having his turn. ENDS