Brian Chiwanza
Senior Resident Magistrate ‘Manapo Motebele has dismissed an application for discharge by a 63-year-old former soldier accused of molesting two girls aged 12 and 13 years.
Maloisane Khalane of Katlehong had wanted the court to dismiss the case in which he is charged with sexually abusing the girls between 2013 and 2014 in exchange for money.
Khalane, who is out on M600 bail, applied for discharge through his lawyer Advocate Selikane Sentle after arguing the prosecution had failed to establish a case against him.
However, in her ruling, Magistrate Motebele on Monday said Khalane had a case to answer.
According to evidence moved in court, Khalane would ask the girls to wash his car and then give them money “for fat-cakes and sweets”.
The court heard that one day, Khalane asked the 13-year-old to accompany him to Ha-Thetsane Hardware after washing his car, to buy some nails.
On their way back home, the court heard how Khalane drove past Sethaleng and had sexual intercourse with the girl, before giving her M14.
The 12-year-old also testified that Khalane would touch her buttocks and thighs and give her money.
The alleged abuse came to light after the 12-year-old’s guardian confronted the child about the source of the money, the court further heard. The guardian then confronted and warned Khalane against entertaining the two young girls, but he did not stop, prompting her to report the matter to the police, the court was also told.
In her ruling, Magistrate Motebele noted: “Why did the girl go with the accused to Ha Thetsane? The evidence of receiving money was not disputed, and so was the confrontation by the guardian.
“The medical report showed that Witness One (the 13-year-old) had an offensive discharge and no hymen was seen.
“With the evidence before court, can we say the Crown has failed to establish a case against the accused? The answer is no; the Crown has established a case against the accused, therefore the application for discharge is dismissed.”
Qcqunimuzi Tshabalala prosecuted the case which was first heard on 2 October 2014.
The trial continue in the Maseru Magistrate’s Court.