04 Mar 2024

The Directorate of Public Prosecutions (DPP) has been ordered to make a formal written application on its request to have child-rape accused, Samuel Selolwane avail himself for blood tests.

Broadhurst magistrate, Ms Gorata Moremi-Ramakoloi ruled this after the prosecution made an oral submission, indicating that they had failed to have the accused person avail himself to have  blood samples taken for conducting a deoxyribonucleic acid (DNA) test.

The prosecuting officer, Ms Onalenna Madimabe said  refusal by the accused person had also delayed investigations.

“Such reluctance will also mean that we will oppose any shot at bail by the accused person because he might interfere with investigations,” she said.

Ms Madimabe also said there should be no way that the magistrate’s court could grant Selolwane bail as he was denied such by the High Court only on February 22. After the oral submissions, defence attorney, Dr Obonye Jonas said they needed a written application to enable them to file heads of arguments.

He also indicated that his client was wary of submitting himself for DNA testing as there could be a possibility of self-incrimination.

Dr Jonas also said that there was no need for the magistrate court to deny his client bail on the pretext that he might temper with investigations, wondering how he could change his DNA.

“The prosecution told us that the only thing left in their investigations was the DNA test, but there is no way my client can temper with that as DNA cannot be changed,” he argued

Dr Jonas also said the fact that his client had been denied bail by the High Court last week did not prevent him from applying for it again at the lower court since the High Court did not rule out possibility of granting of bail in the future. “The High Court indicated then that it was denying him bail only that time, and its decision was based on papers submitted last month, which means that circumstances that led to his bail denial have possibly changed,” he said.

Selolwane, who is accused of having unlawful carnal knowledge of an underage girl at Oodi in January this year, will appear again on March 15 when the prosecution is expected to file a written application to force him to avail himself for blood samples. Ends