A case in which a Botswana Defence Force officer, Major Mmusi Olefile has been charged with the rape of a colleague’s wife is scheduled for ruling next year on March 22nd.
The dates were set last Thursday before Molepolole Magistrate, Kefilwe Resheng after the defence attorney Enock Mazonde applied to make submissions of no case to answer, which he will file on December 17th, 2021.
The magistrate further ordered that the state should also file their response before January 14th, 2022.
The state alleges that the 36-year-old soldier on March 24th, 2019 at Thebephatshwa Air Base, where he is currently stationed, raped his 33-year-old colleague’s wife.
The accused pilot allegedly gained entry into the woman’s house through a front window at Thebephatshwa Air Base where he is stationed together with the victim’s husband.
The incident is said to have occurred when the victim’s husband who is also a Major was away for studies in Nigeria.
When giving evidence before court, Scottish Livingstone Medical Doctor Merero Ntshesa, had indicated that the victim was in good health conditions showing that she was sexually active, as she has had five pregnancies, three viable pregnancies and two miscarriages or abortions.
“She was sexually assaulted by a known person; unconsented, unprotected sex at the time, the perpetrator did not use any weapon to threaten. She did not sustain any extra body injury apart from the private part or female genitals,” said Dr Ntshesa before he explained that the vagina had some laceration on the lateral walls but no active bleeding at that time.
In conclusion the doctor said there was also brownish discharge suggestible of old blood. He, however, confirmed that there was traumatic vaginal sexual penetration.
It is alleged that on the fateful day Olefile and the victim had met at a pool party that was held at the army camp.
Later on in the morning around 0500hrs Olefile drove the victim to her home as she was too drunk to drive but instead of going away Olefile allegedly waited for her to fall asleep before he entered through the window and raped her.
A Botswana Defence Force Military Police Bush Khudu told the court that the victim gave two versions that she was raped and also said she suspected that she was raped when she reported the case to them.
He said when both the victim and the accused were confronted each of them was giving their own version, one saying she was raped by the other and him denying the allegations.
“The victim told us that in the morning when she woke up, she found her panty at the ankles not knowing what had happened,” Khudu explained.
The court heard that although the alleged rape occurred in the morning the case was reported late in the afternoon as the victim had been trying to resolve the issue at home.
According to a testimony by the victim’s cousin, one Kealeboga Marapo aged 24, early in the morning on the fateful day, after the victim arrived from a party while asleep she heard someone talking and the victim came to her requesting that she should chase the person who was outside away.
Marapo tried to chase him away but when he was told that the victim was asleep, Olefile allegedly started saying lot of things claiming there were some people fighting and instructing Marapo to open the door for him to sleep in the sitting room.
“I switched off the lights thinking that he would go away, I sat in the sitting room for 30 minutes. Afterwards I went to sleep thinking he had left, but in the morning the victim came to ask me if I didn’t chase away the accused before inviting me to her bedroom to see him,” explained Marapo disclosing that in the bedroom she saw Olefile sitting in a corner tying his shoes as if he was preparing to go.
However, the affidavit indicated that DNA test results did not show any sign of penetration although the accused is yet to explain to the court how he entered the victim’s house and what he was doing in her bedroom.