Botswana: Lawyer on trial for sexual HIV exposure


HIV/AIDs infection case resumes

December 3, 2007
Source: Botswana Press Agency

GABORONE- A case in which a state lawyer is accused of spreading HIV to another person resumed at the village magistrate court with the complainant giving evidence.

According to the charge sheet, on July 7, at Ledumadumane ward in Mogoditshane, MM 33, unlawfully had unprotected sexual intercourse with the complainant, which act he knew or have reasons to believe to be, likely to spread the infection of HIV which was dangerous to life.

The complainant told the court that, on July 7, M, who is a state counsel with the Attorney Generals Chamber, took advantage of her drunkenness.

She said she, and her friend, had gone to check for someone in Gaborone and ended up at Chez Ntemba nightclub where they engaged in a drinking spree.

However, she said because it was her first time to take alcohol, she passed out.

The witness said she last saw the accused person with her friend at the night the club and her memory faded only to re-see the accused the following morning on top of her making love.

She told the court that she discovered that M, who pleaded not guilty to the charge, was not using a condom.

Asked by the prosecutor Ms Merapelo Mokgosi how she knew that the accused was not using a condom, the witness replied, I am an adult and I have felt the difference between a condom and not a condom before.

She told the she later discovered some anti retroviral tablets in one of the drawers in the accused’s kitchen and concluded that the accused was on ARV treatment.

I became frustrated as I leant that he was on ARV treatment, she said, adding that she did not tell anybody about what happened to her that night.

The witness said when she arrived at home, she straight away went to Tebelopele testing centre where she tested HIV negative adding that she disclosed her reasons for taking the test.

The following day, she went to Extension Two Clinic where she took another test for pregnancy but tested negative.

However, she said the doctors at the clinic advised her of some pills, which are administered within 72 hours to stop or prevent any transmission of any sexual transmitted diseases, including the HIV.

Unfortunately, the complainant said, she could not get the pills at Princess Marina Hospital because it was a weekend, adding that she was also advised to conduct a three months check-up.

Village Chief Magistrate Lot Moroka presides over the case while M is represented by Ookeditse Maphakhwane. The case continues.