…convicted Kurusa awaits sentencing in custody
Maun Chief Magistrate, Thebeetsile Mulalu this week convicted former Botswana Democratic Party (BDP) Ngami Branch Chairman Kabo Kurusa for raping an 18-year-old girl in 2019.
Kurusa who is also a Tawana Land Board member is alleged to have on September 6th 2019 forcefully had sexual intercourse with the complainant who he had earlier on the same day given a lift from Gumare to Maun.
When delivering the verdict on Monday Mulalu noted that the medical doctor who examined the victim after the incident testified that her hymen was broken adding that at the time of the examination her inner thighs were bruised and she also suffered vaginal and perineum bruising.
“The medical doctor suggested that the complainant was subjected to a forced sexual intercourse hence I have no reason to doubting the medical doctor’s findings and I therefore conclude that the complainant was subjected to forced penetration,” Mulalu said.
Mulalu added that the accused person had told court false information as he denied to have ever had any relationship or sexual intercourse with the victim. This he said is despite him having confessed to the driver on the night of the incident when he was taking him back to his hotel room from the police station that they had sexual intercourse with the victim’s consent.
Mulalu explained that the court was entitled to take into account the said admission in assessing the guilt of the accused person. He argued that the driver had no altera motive into lying that the accused person admitted engaging in sexual intercourse with the victim.
“I find that it is the accused person who on the 6th September 2019 forcefully had sexual intercourse with the complainant and prosecution has proved their case beyond reasonable doubt and therefore the accused person is guilty of the charge,” Molalu ruled.
The accused person is to be subjected to an HIV test and finger prints to check his criminal records. Kurusa who has since been remanded in custody will appear again on the 22nd August 2022.
Kurusa who at the time was a Board Chairperson of Sekgele Society (a rehabilitation center for children with disabilities) was reportedly 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.
Kurusa however pleaded not guilty. The complainant was reportedly aged 18 years at the time of the alleged incident.
In his defense during trail, the accused person maintained his innocence that he did not have sexual intercourse with the complainant. He however confirmed that the complainant did enter his room on the night of the 6th September 2019.
“I did not invite the complainant into my room, I found her there with Madise waiting for me as I was busy making dinner reservations for myself. I ended up making another reservation for Madise and the complainant,” Kurusa said.
The accused person noted that the complainant spent around 1 hour in his room though he did not spend much time with him alone in the room. Kurusa claimed that few minutes after Madise had left the hotel, he gave the complainant P200 as taxi fare to go home after her aunt had called the accused person questioning the whereabouts of the complainant.
“The company car arrived as the complainant was about to leave so the driver took her home, I did not demand back the taxi 200 taxi fare as I had already given her,” Kurusa previously told court.
The accused person revealed that he only got to know about the rape case when the police came to arrest him around midnight the same day.
During trial proceedings, the state revealed that the complainant together with their two companions who were state witnesses told court that on their arrival at the hotel the accused person left the car with the complainant’s bag and when she inquired where he was taking it he said he was going to book for his accommodation.
Kurusa is alleged to have then proceeded to his room with the victim’s bag and she followed him to his room to get her bag. The complainant noted that she entered the room with Madise and thereafter Madise and Kurusa stepped outside and Madise left.
The victim further indicated that after Kurusa reserved dinner he locked her in his room and forced her to undress and had sexual intercourse with her. It is alleged 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.
