Nata Magistrate, Keabetswe Majuta, is expected to hand down ruling next month on the state’s application for a court order for Polson Majaga to be subjected to a DNA analysis in his defilement trial.
The Nata/Gweta Member of Parliament is accused of defiling a 16-year-old girl of Malelejwe cattlepost near Nata village.
State prosecutor, Kefilwe Jeremia, told court this morning (Tuesday) that at the time the matter was reported, the victim was pregnant.
She said they believe it is important for both the accused and victim as well as the newly born baby to undergo the DNA analysis.
“It is relevant to be done since the accused is facing a sexual offence. It is probable that the new born baby could be a biological child of the accused person. The defence has previously asked court to consider the prejudice that the accused person would suffer if he is subjected to the DNA. There is no prejudice and therefore we plead with court to grant us the order,” said Jeremia.
Magistrate Majuta asked Majaga’s lawyer, Mishingo Jeremiah, to explain the prejudice the accused is likely to suffer.
The defence attorney argued that his client has the right to a fair trial and that the case against him is speculative.
He said the DNA analysis has no relation with the charges he is facing.
“State has no idea of the case that they brought to court. They don’t have the exact dates of the offence. They are on a fishing expedition. The charge sheet says the sexual offence occurred between September last year and May 2020 and the victim gave birth this year July. It doesn’t add up. That is about 11 months pregnancy. State do not have a case against the accused and they are hunting evidence that could possibly link him to the offence. They are looking for appropriate charges. The Investigating Officer said the investigations are complete and that they are failing to give us statements of their witnesses,” said Jeremiah.
Magistrate Majuta said she still needed to analyse the prosecution and defence submissions and give a ruling on the the 9th of September.
