25 Nov 2020

  Rape accused, Bokamoso Malele has informed Jwaneng magistrate, Ms Caroline Kataba that he was itching to have the health expert who conducted DNA test on him to take the witness stand as he had crucial question for him.

The 27-year-old herdboy from Pitseng village, who had indicated from the onset that he lacked formal education, seemed less interested in cross examining all the other witnesses, including his alleged victim.

“I want the health expert that conducted the DNA test to come and explain his report here, which I was not even furnished with during the case management conference.

As for all the other witnesses, I do not have much questions for them now. I will only have further question for them during trial,” he said, before Ms Kataba informed him that he was actually in the middle of his trial!

She also advised him that he could note the absence of the report during his submissions.

“At this moment you have to only focus on each witness as they take the stand. Your cross examination has to focus on what the witnesses said and nothing more.

You will have your chance with the health expect later in the trial because the prosecution has lined them as one of the witnesses,” she advised.

She also informed the accused that he could not dictate to the prosecution as to how many witnesses they should call as that depended on prosecution needs as informed by their investigations.

She said this after Malele, who indicated that he would not call any witnesses, raised concern that some people who were supposed to be witnesses for the prosecution were missing on the list.

Taking the stand, the victim who is a minor narrated that the rape occurred in January 2017 when her and two other friends were at Letlodi bar in Sese near Jwaneng. She said after the bar closed, the accused called her and pleaded with her to accompany him to pick up something at his house.

She said that on arrival at his house, he ordered her to undress and lie on a mat where he proceeded to have sexual intercourse with her against her will, only to let her go around 6am that same day.

She said she later went to check on her friend that morning where they later joined other friends until late in the day, and when they were still playing outside of one Mr Luka Keabetswe’s yard the accused showed up and demanded that she give back his phone, of which she indicated no knowledge of.

“He then dragged me in full view of my friends, and against Mr Keabetswe’s rebuke, back to his house where he repeated the morning ordeal.

After he was done with me I visited another friend of mine, and while still there the police arrived accompanied by my mother and picked me to make statements at the kgotla, then went for an assessment at the clinic.

Mr Keabetswe and one of the victim’s friends who is also a minor, corroborated her story. But Malele was still adamant that their evidence was not true, and that he did not even know the place he was accused of dragging the victim from.

The case continues in January next year .

END