02 Dec 2024

Judge Barnabas Nyamadzabo of the Gaborone High Court will on a date to be determined in March or April 2025 deliver a ruling on whether to vary the decision relating to rape accused, Samuel Selolwane bail application.

Judge Nyamadzabo said on Monday that he was wondering on how the court was to vary its decision without being motivated by what was presented by the concerned parties.

Selolwane, who is accused of raping a 15-year-old in Oodi earlier this year is currently remanded in custody as his efforts to be released on bail were denied by both the Broadhurst Magistrate Court and the High Court.

Judge Nyamadzabo also added that he was baffled as to why the prosecution was party to the consent order supporting Selolwane’s release on bail even though they were still standing by their initial affidavit, which had led to the court denying him bail.

“I have noted the draft consent order but it does not address the judgement that was made by this court particularly issues of the accused person refusing to undergo a blood test as it was viewed as a violation of his personal rights,” he said.

He said the issue relating to Selolwane refusal to undergo DNA tests was still pending before the High Court awaiting verdict.

“I am now at a loss since you have not filed anything opposing your stance. It is clear that you have not deviated from your stance and there is nothing that informs me to vary his bail condition,” said Judge Nyamadzabo.

Selolwane’s bail appeal to the High Court was denied on the grounds that investigations were still ongoing and that he was facing a serious crime, which may induce him to flee. He was also denied bail on the ground that he refused to allow the state to perform forensic examinations on him.

Representing the state, Ms Seeletso Ookeditse was adamant that the prosecution had not deviated from its stance. Ms Ookeditse said investigations were still ongoing and their finalisation was derailed by the fact that the accused person was refusing to be subjected to a DNA test.

Selolwane’s Attorney, Dr Obonye Jonas was of the view that the issue of his client refusing to undergo DNA test was a constitutional issue and had no bearing on whether he should be denied or admitted to bail. Dr Jonas said his client’s rights would be violated by subjecting him to such a test.

He said even if the court was to rule that his client must undergo DNA test, such an exercise would be possible even if he was out on bail. Dr Jonas said forensic analysis would not be tainted even if he was out on bail since his DNA would still be the same.

As such, Dr Jonas had advised Judge Nyamadzabo to refer the case to the Court of Appeal to determine whether the mere fact that investigations were ongoing would be used as a factor to deny his client bail. Ends