Tefo Tefo
MABOTE Filter Clinic Midwifery Nurse, Joseph Tlali Kolobe was released on bail by the Magistrate’s Court on Monday where he is facing charges of raping a patient at the clinic five months ago.
Kolobe stands accused of committing a sexual act with the patient without the patient’s consent at the clinic on 29 September 2016 in violation of the Sexual Offences Act of 2003.
He was released on bail after the prosecutor, Advocate Lehlohonolo Phooko told the court that the victim raised no objection to Kolobe being granted bail.
Advocate Phooko told the court that he telephoned the 30-year old victim to get her opinion because she could not go to court on Monday as she had just given birth.
The Magistrate ‘Mamosebatho Kantoro released Kolobe on bail on condition that he paid a M500 bail deposit.
Kolobe, from Ha-Thetsane, was ordered not to interfere with state witnesses and to attend remands on the set dates.
He first appeared before the Magistrate’s Court on 21 December 2016 and Ms Kantoro ordered that he undergo an HIV/AIDS test to determine his HIV status in accordance with the provisions of the Sexual Offences Act of 2003.
According to the Act, an HIV positive person gets a harsher sentence upon conviction than the one who is HIV negative if that particular convict knew his status before committing the crime.
On his first appearance, Kolobe was also informed about his right to apply for bail and his lawyer, Advocate Molefi Masoabi applied for bail on his behalf last week on Friday.
The case was remanded to Monday and Kolobe was eventually released on bail.
He will appear again before the Magistrate’s Court on Friday next week for remand.
The trial will proceed on 6 June 2017.
