Popular traditional musician, Ditiro Leero, popularly known as DT, has been convicted by the Broadhurst magistrate’s court for having canal knowledge with a fourteen-year-old girl in 2006 in Gabane.
Leero, who sings with the Matsieng Traditional Group, was speechless when the Regional Magistrate, Barnabas Nyamadzabo, convicted him on a single count of rape.
The Magistrate informed the court when passing judgement that the prosecution had provided sufficient evidence that proved that Leero had sexual intercourse with the complainant without her consent.
Nyamadzabo noted in his judgement that the state had proved that the complainant had not resisted the sexual encounter after Leero had threatened her with a gun and a knife.
Nyamadzabo also noted that during evidence in chief and during cross examination, the minor explained to the court that she could not scream for help because she feared that ‘DT’ would use the weapons to hurt her.
The magistrate also stated that the prosecution had proved that there was no question of mistaken identity because the complainant was able to identify him as the perpetrator.
Nyamadzabo pointed out that the victim was relatively young and could have been intimidated by what the accused said when she obliged to indulge in sexual intercourse.
“Her action to look for her mother after the incident clearly indicated that the complainant could have been persuaded to indulge in sexual intercourse,” the magistrate said, adding that it clearly troubled her to go looking for her mother in the night as she had arrived home and found her mother away.
The magistrate maintained that the complainant effort to look for her mother during the night was an indication that the encounter happened without her consent.
Nyamadzabo also stated that the defense had not disputed that the accused had sex with the minor, which strengthened the prosecution evidence in court.
He said that there was no dispute on whether the convicted Leero had sexual intercourse with the minor.
Nyamadzabo said that the Directorate of Public Prosecution had proved its case beyond reasonable doubt on grounds that the sexual intercourse was done without consent and that the defense had failed to give sufficient evidence against the state.
Nyamadzabo found Leero guilty on a single count of rape.
Leero is currently out on bail and will be sentenced on 22nd June, 2012.