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HIGH Court judge, Justice Never Katiyo, granted bail to a 52-year-old man accused of raping his 10-year-old niece.
Bento Mairosse was granted $50 000 bail and ordered to continue residing at his given address.
Justice Katiyo said Mairosse should not go to where the girl has relocated to.
“He is supposed to keep 300 metres away from her.
“Even if it is at a family function, and it happens they meet, he should run away from the minor,” said the Judge.
It is alleged that sometime in October last year, the girl was sleeping in her room when Mairosse went in and raped her.
It was further alleged that he raped her on two other different occasions.
However, through his lawyer, Moffart Makuvatsine, Mairosse denied all the charges.
He said the girl’s mother had fabricated the charges as she was fighting for custody of her daughter.
“My client has been staying with the complainant since she was three-years-old.
“The father of the child, who is my client’s younger brother, died some time ago.
“The mother began frequenting bars and popular night spots after the death of her husband,” said Makuvatsine.
He said the girl would be left alone and Mairosse was informed by neighbours, and he agreed with his wife to look after his niece.
This, he said, did not go down well with the girl’s mother.
The lawyer also told the court that sometime in 2016, the girl’s mother took her away when she found her playing.
He said the girl was only returned in 2017 by the mother’s sister.
He said in November last year, the girl’s mother, who was heavily pregnant, visited Mairosse and requested to have the child for the holiday.
She was told to return the girl in time for the first term of school this year, but she didn’t return her.
The lawyer said she indicated that she was now able to fend for her daughter and there was no need for her to continue staying with Mairosse.
He said Mairosse was surprised to be arrested on rape allegations, and emphasised that the charges stemmed from the custody fight.
Online Reporter