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MBABANE – A man who has been in custody since May 2019, after he was accused of raping a minor, believes he has reasons to be freed from the blame.

As a result, Alindo Chawuke moved an application for acquittal before Acting Judge Fikile Nhlabatsi, who is presiding over the matter.

Motivating his application, Chawuke submitted that in as much as the Crown paraded its witnesses to prove commission; he remained resolute that he never committed the offence.

He stated that evidence without proof was not enough to convict a person accused of an offence. He stated that evidence could just be evidence without any substance, yet proof was tangible.

In his case, he told the court that the evidence presented in court was far from the truth.

He submitted that in his case, Dr Mabuza shared his findings, which pointed out that a DNA was necessary in proving commission of the offence.

He submitted that swabs were taken for forensic analysis.

However, he told the court that there was nothing linking him to the offence in the DNA results. “I have a copy of the DNA results. 2.1 states that no blood was detected from the jacket. 2.2 states that no semen was detected from the swabs. It is on those basis that I apply that the court frees me from the blame so that I can go back home and look after my children,” he said.

Dismissed

He further applied that the court dismissed the Crown’s application that the DNA results should not be considered.

“As far as I am concerned, I was falsely accused and assaulted by the minor’s relatives. They only reported the rape case after I reported them for assaulting me. The evidence of the minor’s uncle (babe lomncane) is clear that it is based on hearsay, something that could not be used in a court of law,” he submitted.

He further referred the court to the evidence of the minor, where he said the minor made it clear before court that her uncle told her to only speak about rape at the police station.

“The minor told this court that her uncle told her not to mention anything else except the rape incident. This was despite the fact that the child witnessed my assault,” he submitted. He told the court that the Crown’s evidence was contradictory, yet it was presented by people who claimed to have knowledge of the incident.

Noted was that Chawuke had prepared his submissions in a note book. As he read through it, the court would advise him not to over emphasise.

“At times, it is better to make your independent submission than relying on what you have been told by your ‘lawyers’ inside,” Nhlabatsi warned Chawuke.

The matter was adjourned to June 23 for judgment.