Former Botswana Democratic Party (BDP) Ngami Branch Chairman, Kabo Kurusa who was in August this year sentenced to a 10-year jail term by the Maun Magistrate’s court for raping an 18-year-old girl in 2019 has been granted bail pending appeal hearing.
Kurusa who has been in jail for about two months was on Tuesday released on bail pending the outcome of his appeal of the case.
During his bail argument Kurusa’s defense attorney, Charles Tlagae argued that none of the state witnesses alluded to the complainant appearing disturbed or distressed by the time she left the hotel adding that the conduct of the complainant leading to and from the lodge was consistent to a conceptual and sexual behavior.
Furthermore, Tlagae argued that the fact that the complainant arrived home late at night was a sufficient reason for the complainant to make a false allegation towards the accused person.
When granting him bail, Chief Magistrate, Thebeetsile Mulalu said he took into consideration that there is going to be a considerable delay when preparing a record of appeal resulting on the defendant serving a substantial portion of the sentence furthermore. He added that it will be of assistance to the defendant to prepare for the real case of appeal.
Mulalu also told court that the prosecution failed to prove the complainant’s credibility which is a very crucial point in cases of such nature.
“I accept that the high court may view the omission by this court to specifically pronounce the finding on the credibility of the complainant as an error, based on this point alone I am satisfied that the accused’s application is successful,” Mulalu said.
Kurusa was then ordered to provide two sureties who will each bind themselves with P5000. He was also ordered not be a suspect of any case related to rape.
During trial leading to his conviction, it was alleged that on the day of the incident the complainant was given a lift by Kurusa who at the time was a Board Chairperson of Sekgele Society (a rehabilitation center for children with disabilities) and was on an official trip to Maun along with his two colleagues, a driver and a board secretary.
It is alleged that after their arrival in Maun the complainant proceeded with the trio to Botshelo Guest House to book for accommodation. This is where the rape incident allegedly took place in Kurusa’s room on the night of the same day.
It is said that the accused person who was using a condom at the beginning removed it at a later stage and forcefully had intercourse with her without using a condom.
Kurusa was convicted for the offense on the 8th of August and subsequently slapped with a 10-year jail term on the 25th of August. After his sentencing, Kurusa’s attorney made known to court their intentions to appeal the case.