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Suspected child rapist, child’s mother denied bail
Samuel Selolwane who is charged with a single count of rape - along with two women who have been separately charged for corrupting, coercing or encouraging prostitution of a minor child - has been denied bail this Tuesday by Judge Barnabas Nyamadzabo at Gaborone High Court.
The two women are the victim’s mother - whose identity has been concealed to protect the identity of the minor - and her friend.
Information before the High Court Judge suggests that Selolwane was called by the police at Broadhurst Police Station on the 27th of January 2024 on account of information linking him to an offence of rape that was being investigated and he was the alleged perpetrator.
He immediately attended to the call where he would be arrested. The story is that on the previous day, the 26th of January 2024 at Oodi village, he allegedly had carnal knowledge of a minor child aged 13 years.
However, Selolwane denies the charge “as it is based on a tapestry of falsehoods.” On the 29th of January 2024, Selolwane was arraigned before the Broadhurst Magistrate’s Court which denied him bail despite not being “a flight risk.”
Selolwane and his attorneys contend that he should be regarded as “innocent until proven guilty” in terms of the provisions of section 10 (2) (a) of the Constitution of Botswana and that in terms of section 114 of the Criminal Procedure and Evidence Act, Cap 08:02 of the Laws of Botswana, Selolwane is entitled to be granted bail by the Court.
The same arguments are made in respect to the 2nd and 3rd Petitioner who each face a charge of corruption of children, it being alleged that the two (2) Petitioners acting together and in concert on or about the 26th January 2024 at Oodi in Kgatleng Administrative District, induced, coerced and encouraged the prostitution of a minor child aged 13 years.
In the Respondents’ Answering Affidavit filed in response to the petitions, Detective Sergeant Molapo said that while she was quite aware that in bail pending trial applications, the presumption of innocence until proven guilty weighs heavily in favour of the accused person, it was nevertheless in the interest of justice that offenders be brought to Court where all the available evidence for and against them can be adduced.
At the core of the Respondent’s contentions is its argument that the police investigations were still in their infancy, with the possibility that the Petitioners may interfere with such investigations.
It is also contended that the minor child involved is still to be placed in a safe environment or home and that Selolwane had also delayed police investigations when he refused to provide his blood sample to the police.
As for the 2nd Petitioner, who is the biological mother of the said minor child, she is said to possess “a propensity to commit similar offences against children” given that she has at least three dockets at Broadhurst Police Station.
Delivering the ruling, the Judge said: “Regarding the charge of rape faced by the 1st Petitioner, it is common cause that this is one of the most serious offences in terms of our Penal Code Cap 08:01 of the Laws of Botswana attracting a minimum term of 10 years’ imprisonment or a maximum of life imprisonment.
“While the 2nd and the 3rd Petitioners face a less serious offence in terms of section 57 of the Children’s Act, Cap 28’.04 of the Laws of Botswana, the situation of the 2nd Petitioner is more serious in that, as averred by the investigating officer (in the Respondent’s Answering Affidavit), she has similar charges to her present case originating from 2020 and 2021. The likelihood, therefore, that the 2nd Petitioner may continue with the same conduct, if granted bail, cannot be excluded.
“Although the said dockets are still to be registered with the Magistrate’s Court their existence cannot be ignored when considering a bail application such as the present. The fact that police investigations are still ongoing, it would, in my view, be contrary to the overall interest of justice and be quite premature to consider releasing the Petitioners out on bail when such investigations have not been completed.
“As for the 1st Petitioner’s reluctance to provide his blood sample, this can only stall such investigations. If the investigations are delayed, the 1st Petitioner can only have himself to blame,” Judge Nyamadzabo said.
He added that the Petitioners are not proper candidates to be released out on bail, at least currently, as their release is likely to frustrate police investigations.