A man facing two counts, one of rape and another of robbery before the Maun Magistrate’s Court has made a request for his case to be transferred to Gaborone, citing health challenges and difficulties arising from his incarceration.
The accused, Onalethata Malema, appeared before Magistrate Gofaone Mosweu this week for the confirmation of trial dates.
According to the charge sheet, Malema is facing two serious charges arising from an incident allegedly committed in Maun’s Sanyedi Ward on May 4, 2019.
In the first count of rape, the accused allegedly had sexual intercourse with the complainant, without her consent. The second count of robbery, the accused and his alleged accomplice allegedly used violence to rob the same complainant a Huawei cellphone valued at P1,800 and cash amounting to P250.
During his appearance, he made an oral application requesting that the matter be moved from Maun to Gaborone where he is currently based.
Malema appealed to the court that his health condition makes it difficult for him to travel and adequately prepare for trial. The accused informed the court that he failed to appear for the commencement of his trial on April 28th because he had been hospitalised.
According to Malema, his illness should not be interpreted as an attempt to delay the matter, but rather as a genuine medical challenge that has affected his ability to attend court.
He also complained about the conditions under which he is being held, alleging that prison officials broke his spectacles which he says are necessary for him to read court documents and participate meaningfully in the proceedings.
Malema has since pleaded with the court to issue an order directing the Commissioner of Prisons to provide him with a replacement pair of spectacles. He argued that he has been denied an opportunity to purchase the spectacles himself and that the absence of corrective eyewear places him at a disadvantage in preparing his defence.
However, the State opposed the transfer application with prosecutor Ambrosia Keipheditse urged the court not to entertain the request. Keipheditse argued that relocating the matter to Gaborone would place an unnecessary financial burden on the State.
Keipheditse added that several key witnesses in the case are residents of Maun and surrounding areas. She submitted that transporting witnesses to Gaborone for court appearances would increase costs and complicate the prosecution of the matter.
In response, magistrate Mosweu clarified that the court would not make an immediate decision on the request to transfer the case. Instead, she advised the accused to file a formal written application setting out the reasons for seeking the transfer.
The magistrate further directed that any medical reports submitted in support of the application should clearly indicate whether Malema is medically fit to travel between Gaborone and Maun for court appearances. The court ordered Malema to return on August 11, by which time he is expected to have filed all the necessary applications.
