An 81-year-old Lephane pensioner facing three counts of raping his step daughter was this week granted bail by the Maun Chief Magistrate Thebeetsile Mulalu. His bail comes pending case management conferencing of the two counts as well as the sentencing on the one which he pleaded guilty to and was subsequently convicted for.
The accused, who initially pleaded guilty to all the three counts 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, the old man later on engaged prominent lawyer Charles Tlagae as his defence attorney.
When granting the accused person bail this week, Mulalu ordered him to attend all his court cases when required to. Mulalu granted the pensioner bail as he is convinced that he may not cause any prejudice on the cases.
Arguing for his client’s bail, defence attorney, Tlagae had pleaded with court to take into account the accused person’s right to liberty arguing that his release will not prejudice anything in relation to the case. “We should be aware that we are dealing with a person whose rights should be respected, my client’s rights are being trampled upon hence I am asking for his bail,” the attorney argued.
Tlagae also informed court that he is retracting the accused person’s plea of guilty on another count which he has already been convicted for arguing that the 81 year old did so because he did not understand what was happening.
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, he 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 person is said to have also forced himself on the complainant, but only stopped the act when the victim’s friend came over to the house looking for her. He reportedly then instructed the complainant not to tell anyone about the incident.
On the third count, he is alleged 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 allegedly proceeded to rape her. It was reportedly while in the act, that the complainant’s nephew and brother arrived and witnessed it, 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 though 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.
