•Accused maintains he does not have a case to answer
.‘Whilst robbing her, the three of them took turns to rape the victim’
These were the harrowing details from a ruling by Village Magistrate Mompati Taolo as he declared that 27- year- old Kabo Mosele had a case to answer.
Mosele and two others are facing two counts of robbery and one count of rape.
They are alleged to have on July 24 2017 in Gaborone Phase 4 acting together stole cash, perfumes and a cellphone from the victim at her home.
According to the charge sheet the trio broke into the victims’ house just before midnight where they attacked the complainant’s brother who was sleeping in his bedroom before turning on her.
“The three of them took turns to rape the victim and once they were done they fled the scene. She then rushed to check on her assaulted brother who she found bleeding,” the Magistrate said.
According to the evidence as read out by the presiding Magistrate the victim was able to look for help and fortunately, just across the road, saw police officers and called for help.
When giving evidence, the investigating officer told court that they followed the shoe print trails, which led them to a house in Old Naledi, where one of the accused was arrested.
He later led them to the other accused persons who were found in possession of a bag containing some of the stolen goods.
Taolo further ruled that the medical report also proves that the victim had injuries consistent with forced Vaginal penetration.
Taolo then concluded that the evidence was strong enough for the accused to have a case to answer.
For his part, Mosele, who was this week in court alone without his co accused, maintained that he did not commit the crimes and said that he has an alibi to prove his case.
The case will continue on September 11 where he is expected to bring forward his alibi.
Mosele told the court that he too will take the stand to defend his case under oath