TRIAL DELAYED TO AUGUST OVER MISSING WITNESS STATEMENT
The trial of a Botswana Defence Force (BDF) Major accused of raping a colleague’s wife began before Molepolole Magistrates Court last week.
The suspect, 36-year-old pilot Mmusi Olefile, is said to have raped the woman in the early hours of 24 March 2019, having met her at a pool party the previous evening.
Olefile allegedly gained entry into the woman’s home – in Thebephatshwa Air Base where both he and the complainant’s husband were stationed – through a front window.
At the time of the incident, the complainant’s husband was away in Nigeria. Upon receiving a call from his wife, he immediately advised her to report the matter to the cops.
The trial, which started last Tuesday, has now been postponed until 21 August after the Defence Attorney, Enock Mazonde pleaded with court for the prosecution to furnish them with the first statement of one Gaone Tiro – a key witness in the case.
“May the matter be adjourned till we have the statement recorded on March 24th, to enable us to prepare for defence, that will work best for me to deal with the matter,” argued Mazonde.
The Prosecutor, Assistant Superintendent Uyapo Koketso, told court they only have the witness statements recorded on 26th and 28th March, 2019, adding the Investigating Officer will be called to court to clear up the confusion.
In her testimony, Tiro had told court that they left the pool party some time between 4 to 5am.
“We could not find the victim’s car keys, which was later produced by Olefile, who then drove the victim to her place. My husband and I followed to make sure the victim arrived home safely and left her at her place inside a locked house. We then offered to drive Olefile back to the pool so he could pick up his car. Unfortunately I started arguing with my husband as we both wanted to drive,” testified Tiro adding that in the end they decided to walk, leaving their car with Olefile.
A few hours later, Tiro says she received a call from the complainant, claiming Olefile had raped her.
“She said she did not know what happened. When she woke up at night she found Olefile at her place, he undressed her and he was on top on her,” continued Tiro.
According to Tiro, the accused begged for forgiveness and admitted to indecently assaulting the complainant but maintained he did not ‘penetrate her’.
Meanwhile, the first witness in the case, Scottish Livingstone Medical Doctor Merero Ntshese, confirmed that the victim had been raped.
“She was sexually assaulted by a known person; unconsented, unprotected sex at a time, the perpetrator did not use any weapon to threaten. She did not sustain any extra body injury apart from to the private part or female genital,” said Dr Ntshese.
Olefile will remain on bail until the trial resumes and although he has not been suspended from work, he has been stopped from flying.