09 Sep 2020

Nata Magistrate Court has ordered Nata/Gweta MP, Mr Polson Majaga, to avail himself to the police within 48 hours to have his blood samples taken for DNA test in connection with a defilement case.

Mr Majaga is accused of defiling a minor between September 2019 and May 2020 at Malelejwe settlement.

In her ruling today, Principal Magistrate Keabetswe Majuta said although it was not stated in particulars of the offence that the incident resulted in the birth of a child, it had since become common cause between the parties that the offence led to birth of a child.

Ms Majuta further stated that the forensic evidence sought by the state was relevant, adding that the DNA sample taking was safe and relatively a non-intrusive process.

She noted that it was also in the interest of justice that an order authorising a forensic procedure on the accused be issued.

She said the Forensic Procedures Act empowered the court to authorise a forensic procedure on a serious offender. The state sought to have the accused subjected to a forensic examination in order to determine whether he was the biological father of a child born to the complainant on July 5, 2020.

However, Ms Majuta pointed out that the accused opposed the application on the basis that the application was not related to the charge and that the application was an investigative step.

She nonetheless emphasised that the state ought to only charge accused persons following investigations.

Meanwhile, the state was ordered to furnish the defence with statements of witnesses on or before September 11, while November 3 was set for case management. ends