After he was sentenced to 10 years in prison for raping his colleague’s wife, a Botswana Defence Force pilot has been granted bail pending an appeal by the Lobatse High Court.
Convicted officer, Major Mmusi Olefile was last week released on bail after his lawyers, Ofentse Khumomotse and Enock Mazonde applied for bail immediately after the sentence was delivered on July 5th, 2024.
In an interview Mazonde complained that a whole month after his client was sentenced before the then Molepolole Magistrate Kefilwe Resheng, now based in Mahalapye, they have not yet been furnished with the court proceedings to enable them to file for an appeal.
Meanwhile it is alleged that due to a change of court reporters after one was transferred, the note pad where the case was recorded has been lost.
“We wrote a letter to Molepolole Magistrates’ Court and copied it to the High Court requesting for the court proceedings to prepare for the grounds of appeal. I’m intending to do a follow – up physically to hear why the record is delaying.
“One thing I have realised is that the judgement differed from the witness evidence given before court, especially the complainant, secondly only the circumstantial evidence was used,” said Mazonde.
However, Major Olefile was given bail on conditions that he must launch his appeal, bind himself with the sum of P1000 and provide two sureties binding themselves with P1000 each.
Although the rape offence had occurred on March 24th, 2019, the matter was registered before court later in January 2020 for arraignment and trial to commence in June 2020 till it ended last year August to await judgement.
According to the evidence that was brought before court, the 39-year-old soldier on March 24th, 2019, at Thebephatshwa Air Base, where he was based, had carnal knowledge of a 36-year-old colleague’s wife without her consent.
It is alleged that on the fateful day, Olefile and the victim attended a party at the camp and he ended up raping her when they were both drunk.
After the the major had pleaded not guilty to the rape charge, the state called upon seven witnesses to testify.
The court heard that she woke up to find herself naked with her panty resting on one of her ankles and the accused person also naked in her bed.
The victim proceeded to remind her cousin and the helper whom she lived with that she had instructed them not to allow the pilot inside the house.
She then called them to her bedroom where she admonished them for allowing Olefile in who was at this point putting on his shoes.
Meanwhile it took a complete whole day for the case to be reported before Molepolole police station.
“On examining the complainant he found that there was traumatic vaginal sexual relations. This opinion is based on the fact that he also found lacerations on the lateral walls of the vagina,” explained the magistrate in reference to the doctor’s evidence.
The magistrate stated that the doctor’s report corroborates the fact that there has been forced traumatic vaginal penetration.
In mitigation the defence attorney, Enock Mazonde told the court that the accused is a first offender who had no brushes with the law and also a breadwinner with three children who will not have anyone to give them emotional and financial support.
Mazonde also stated that Major Olefile is a pilot and sentencing him to jail will impact on him as he will lose his employment.
The defence attorney would not divulge any details on whether his client has been dismissed from the BDF or not.
