04 Jul 2024

Broadhurst magistrate, Ms Linah Mokibe-Oahile has advised the defence in a matter in which rape accused Samuel Selolwane, is once again trying his luck at bail, to file for her recusal in the matter.

This came after Selolwane’s lawyer, Dr Obonye Jonas indicated during a status hearing appearance yesterday that he was not happy with the response of the court in the previous appearance when he indicated his desire to file for bail application.

“When I indicated that I want to apply for bail, this court then asked me if I was aware that the matter was still under investigation. That makes me feel uncomfortable to appear before it because it shows that it has already pre-empted the application,” he said.

Therefore,  he said that attempting bail application before the very court would therefore, be a futile exercise. He also said that the case for his client was too politicised, which he said raised the likelihood of bias against him.

“There are placards outside the court every time we appear and now it is like some people are using it to advocate for their interests,” he said. Dr Jonas also raised a concern about what he said was too much delay in concluding investigations, indicating that the matter had dragged on for seven months without any progress.

He argued that the fact that the matter was still under investigation should not be used as the key factor in determining whether to give or deny his client bail. In response, stand-in prosecutor, Ms Bezi Seralanyane said she was not in a position to respond to the issues raised by the defence concerning plea for recusal, and that the substantive prosecutor who was on leave would be better positioned to do so.

Ms Mokibe-Oahile set July 18 for bail application arguments, and advised the defence that if they desired to file for her recusal, they should do so and serve the prosecution before the said date.

Selolwane has been charged with rape of a minor child while his co-accused persons, being the mother of the child and her friend have been charged with corrupting a minor child into prostitution. ENDS