This was after the accused tried to employ dirty tricks to delay the trial of his case.
“We should see the green light to this matter, with the attitude you are bringing to this court”, said Basupi.
“The accused is playing delaying tactics, so this matter does not proceed as scheduled. In the morning when prosecution was ready to proceed with trial, the accused who has pleaded not guilty to both charges complained of kidney pains and not having copies of witness statements,” complained the magistrate.
The accused claimed the statements given to him were burnt in a house he was staying in sometime in 2012.
“Looking at the four corners of the charge sheet and the gravity of the allegations against the accused. I have no doubt the matter has dragged for five years, for the first witness to enter the witness box,” continued Basupi.
Tired of Raobe’s trickery, the magistrate promised to send the 30 year old man from Coloured, for lashings on his buttocks.
“If you continue with that attitude, I will give you seven strokes before we continue with the trial. You will attend trial while in pain,” he said.
Court was forced to adjourn for half an hour, for the accused to be furnished with copies of witness statements.
When the first witness was about to be ushered in the courtroom in the afternoon, the alleged rapist pulled one more trick to stop the matter from proceeding.
“I can’t read. I have never been to school. I can’t read and these statements are written in English.
I can’t understand anything, so I need time to find someone to read them to me”, claimed Raobe.
Prior to postponing the trial Magistrate Basupi said in his ruling, “the accused is prepared enough that this matter be not finalized come what may.
I find it appropriate his bail be withdrawn and he be remanded till this matter comes to court.”