A little over a month after he was found guilty of rape and sentenced to ten years in the slammer, a former Ngami BDP Chairman is a free man again, released on bail after appealing his conviction.
Kabo Kurusa’s brush with the law dates back to 2019, when, during a work trip to Maun, he allegedly raped an 18-year-old at a local lodge, having earlier given the teenager a ride from Gumare at the request of her aunt.
The 39-year-old Tawana Land Board member was convicted last month and told he would spend the next decade of his life locked up.
However, Kurusa, who has always maintained his innocence, filed an appeal immediately.
Granting the convict instant relief on Tuesday, Chief Magistrate, Thebeetsile Mulalo saw fit to permit ‘bail pending appeal’ , noting Kurusa’s grounds for fighting his conviction were strong.
“The applicant’s application is grounded on the basis he has prospects of success on appeal because the trial court fell into error holding the complainant as a credible witness not requiring corroboration even though she gave contradictory statements after the alleged sexual intercourse,” said Mulalo.
The Magistrate further took into account Kurusa’s argument that none of the state’s witnesses alluded to the complainant appearing distressed or disturbed at the time she left the hotel.
Kurusa reasoned that the complainant falsely accused him of rape as an excuse for arriving home late and insisted the trial court erred in not accepting his version of events could reasonably be assumed to be true.
“The fact that the complainant arrived home late at night was sufficient reason to make a false allegation of rape,” said Mulalo.
“The court is required to find the credibility of the complainant in sexual offence cases. In closer reading of the judgment he stands convicted on, the court did not make any reading on the credibility of the complainant, the court only outlined the applicable law,” he continued.
Kurusa was thus required to provide two sureties each bound to P5, 000 to secure his freedom.
