10 Sep 2024

Samuel Selolwane,59,  who is  accused of raping a 13-year-old girl in Oodi earlier this year, has approached Lobatse High Court to appeal a decision by Magistrate Linah Oahile-Mokibe to deny him bail.

Appearing before Justice Ranier Busang on Monday, Selolwane’s attorney, Dr Obonye Jonas said they had opted to appeal the magistrate’s decision handed down earlier this year.

Dr Jonas said the defence was opposed to the magistrate’s view that the accused was not a bail candidate, adding there existed exceptional circumstances which supported their position.

He said the accused had a case at the High Court to determine the constitutionality of the forensic investigation which required him to supply blood samples.

He added that the matter was pending before the High Court and it was crucial in the continuation of the case at the magistrate’s court. Dr Jonas argued that should the constitutional case go to the Court of Appeal, it would further delay the magistrate court progress, adding the High Court was unlikely to listen to the matter this year.

Furthermore, he said the accused faced a single count of rape, allegedly committed on January 26, 2024 at Oodi and had subjected himself to police investigations, hence he was not a flight risk and would not interfere with witnesses.

He said his client did not fall within those described in the new Bail Act, as not suited for bail, adding the Act specifically prescribed denying bail to those facing two or more rape charges.

Also, Dr Jonas said even the rape charge his client faced was suspicious as the investigating officer’s affidavit indicated that penetration was not possible during the ordeal.

Other than that, he said the investigating officer indicated in the affidavit that there was another rape in Gaborone, although the charge sheet did not reflect that.

“Therefore, the court cannot rely on what was not before it but rather be guided by the single charge of rape,” he said.

Mr Modibedi Tladi of the Directorate of Public Prosecutions, said the state opposed the application on a point of law, as the accused, according to the new Act, was not a bail candidate.

Mr Tladi said the state had filed the investigation officer’s affidavit which indicated the second rape incident which took place in Gaborone, which made the accused to fall within the category  of those excluded from bail.

“We accept that there is one count before this court, but in terms of evidence there are two incidents,” he said, adding the state could at any time apply to amend the charge sheet to include the second count.

Also, he said there was nothing exceptional about the Constitution challenge case at the High Court as it arose from ordinary investigation processes. Selolwane’s quest for bail was denied twice by Broadhurst Magistrate Court as well as High Court judges Justice Barnabas Nyamadzabo, who had argued that the matter was fresh and he faced a serious charge, as well as Justice Itumeleng Segopolo who had struck out the matter. ENDS