This Content Is Only For Subscribers
Attorney representing an 80-year-old Lephane pensioner who is facing three counts of raping his step daughter is challenging the accused person’s conviction in one of the counts. Set for April 21st, the attorney Charles Tlagae will also present arguments for the accused person’s bail application.
The accused, who initially pleaded guilty to all the three counts of rape committed between 2019 and 2020, changed his plea for the other two counts committed in 2019 arguing that the complainant had consented to the act. After his conviction for the other count, the old man later engaged Tlagae as his defense attorney.
Appearing before Maun Chief Magistrate Theebetsile Mulalu on Tuesday, Tlagae argued that the accused person pleaded guilty to the first count because he did not understand what was happening. He also pleaded for the octogenarian to be granted bail as his release will not prejudice anything in relation to the case.
Tlagae further demanded prosecution to furnish the defense with evidence proving that they have booked for the old man to undergo psychiatric assessment as it was the agreement during his previous court appearance early this year. The prosecutor responsible for the case was not in attendance.
Mulalu subsequently ordered both prosecution and defense attorney Tlagae to come for arguments on the 21st April where both parties will give reasons to why the accused person should or should not be granted bail. Tlagae will also challenge the accused person’s conviction.
The accused person is alleged to have on three different occasions unlawfully had sexual intercourse with the complainant at their cattle post. On the first count, the accused person is alleged to have some time in July 2019 following the complainant’s arrival from school dragged her to his bedroom and raped her.
Around May 2020, the accused is said to have again forced himself on the complainant, and only stopped the act when the victim’s friend came over to the house looking for her. He then instructed the complainant not to tell anyone about the incident.
On the third count, he is said to have raped the complainant on the 17th October 2020. He is said to have instructed the complainant to take her school uniform to his house and then followed her where he proceeded to rape her. It was while in the act, that the complainant’s nephew and brother arrived and witnessed the act, before reporting the matter to the police.
In his previous appearance on the 1st November 2022, the old man argued that he pleaded guilty on the other two counts because the victim was a minor alleging that the 12-year-old actually offered him sexual intercourse.
“I was sleeping in my room and the complainant came into my house and offered sexual intercourse. If you are offered food to eat, would you reject it?” he previously asked.