19
[48]
The reliance on Mafaladiso is not an adequate answer to the contradictions
between the complainant’s statement to the police and her evidence in court. Those
contradictions, as pointed out above, were in fact compounded by contradictions in
her viva voce evidence. First, the passage in Mafaladiso indicates that it must be
carefully ascertained what the witness had intended to say on each occasion. In the
present case there is no ambiguity in each of the contradictory statements. Second,
Mafaladiso states that regard should be had to language and cultural differences
between the witness and the policeman taking the statement. In the present case,
both the policeman and the complainant spoke Setswana.
[49]
The policeman, Mr Ernest Monname, testified that he had almost two decades
of experience as a policeman. According to him the complainant’s mother was
present when he took the former’s statement. He was adamant that he had read it
back to her and that she confirmed that she had understood the contents. He
expressed no doubt that the complainant told him that she had been raped within the
passenger cab of the vehicle. She had told him that she was the first to be picked up
and that she had occupied the front seat. He was also certain that she had told him
that the appellant had undressed her. Under cross-examination by the prosecutor
who suggested to him that he might have misunderstood the complainant, he said
the following:
‘I do not understand, because she said to me she was in the front seat. She was pulled by
the accused towards him and the rape occurred.’
Notwithstanding the prosecutor’s persistence the witness insisted:
‘That is how I recorded it, and that is how it was related to me.’
In the light of what is recorded above, the inconsistencies and contradictions cannot
be explained away simply on the basis that the policeman admitted that the
statement probably did not contain all the details of the incident. We are not dealing
with omitted details, but factual averments in the statements that are inconsistent
with the subsequent testimony of the complainant and with contradictions in her viva
voce evidence.
[50]
It is not insignificant that the complainant testified that before the appellant
had raped her he had threatened to kill her if she told anyone about the deed he was
about to perpetrate. This has to be contrasted with the visit to her house in respect of
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