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After being denied bail recently, a 51-year-old man of Senonnori ward in Maun accused of raping his biological daughter and unlawfully wounding his wife has this week made another desperate plea to Maun Chief Magistrate Thebeetsile Mulalu requesting for him to reconsider his application.
The accused on Tuesday argued that his reasons for bail were solid enough hence the magistrate should reconsider his application and grant him one. He also claimed that he has a loan which he has to service arguing that his remand makes it impossible for him to do that.
However, Mulalu advised the accused person that if he has any issue regarding the bail ruling he may approach the High Court to challenge it. He informed the accused person that once the magistrate court has made a ruling it cannot go back on it.
The accused person is alleged to have raped his biological daughter on the dates between the 24th July and 16th September 2023 at their matrimonial home in Senonnori. It is alleged that on the 13th September the victim was found by her mother crying and when asked why she was crying she told her mother that her father has been having sexual intercourse with her without her consent.
The victim further revealed that the accused person beat her up for refusing to have sex with him. The accused person was arrested and later granted bail on the rape case while his daughter was put in a safe place.
After he was granted bail, the accused person is said to have allegedly then committed another offence of unlawfully wounding his wife who is also a state witness in the rape case by stabbing her on the neck on 7th October 2023.The wife who was admitted at Nyangabwe Referral Hospital’s intensive care unit following the stabbing has since been discharged while the daughter has also been taken back home.
In his bail ruling previously, Mulalu noted that he took into account the fact that the accused person showed that he is not a candidate to be granted bail as he attacked the complainant who is also a state witness on the rape case.
He further noted that it came to his attention that the accused person was in 2019 convicted and given a two year suspended sentence for threatening to kill the complainant.
“During cross examination the accused person did not necessarily dispute to have attacked the complainant while out on bail in a case in which the victim is a witness on the case in which he was out on bail for,” Mulalu said.
Mulalu said the accused person did not dispute the fact that the complainant on the 1st count of rape is his biological daughter and that the victim on the second count of unlawful is his wife and mother of his daughter.
He emphasised that the accused person is charged with grievous offences against his own family members adding that the investigating officer cannot be at faulted for having a fear that the accused person is a danger to his own family.
“I come to the conclusion that the accused person is not a suitable candidate for bail, the application by prosecution to have the accused person remanded in custody pending trial is thereby granted,” Mulalu delivered the bail ruling.
Meanwhile the state prosecution has informed court that investigations into the matter are not complete as they are yet to receive statements from the police, and the case was postponed to December 11th for status update.