A BOMA Local Court magistrate on Wednesday wondered why police did not arrest a 35-year-old man who eloped with a 16-year-old girl because it is a serious offence. Magistrate Gaston Kalala made this statement during a court hearing of a case where Sebastian Sebakunora, 31, was seeking compensation from James Lotaisele for impregnating his 16-year-old sister. “If the girl is truly 16, then I don’t know why police did not arrest you because this is a very serious offence. But for now there is no proof of the girl’s age,” Magistrate Kalala said. Sebastian told the court that in January last year his younger sister Mary went missing from home.

He said after three weeks he discovered that she was staying with Lotaisele without the consent of any of her relatives. “I reported the matter to the police and they accompanied me to the house of Lotaisele. He (Lotaisele) told me that he has already married my sister and promised me that he will take care of her. So the police did not even arrest him as she was also pregnant for him,” he said. Sebastian said he asked Lotaisele to organise himself and his family so that he can pay dowry.

But Lotaisele informed him that he could only do so after Mary gave birth. Sebastian told the court that as time went by, Lotaisele started mistreating his sister until she gave birth to a baby boy. “My sister returned home because she was mistreated. She told me that Lotaisele forced her to sign and write a letter that she claimed for a K10,000 from him so that she can leave his life.

He threatened to kill her if she did not write and sign,” he said. And Lotaisele, who admitted the charge, said Mary went to his house and informed him that she did not have anywhere to stay because her brother Sebastian used to beat her every day. He said it was then that he welcomed her and they started staying together. “After giving birth, my wife told me that she wanted to go back to her brother’s house.

We agreed that I would give her K10,000 so that she can start a business and I also added that I will be supporting the child with K350 each month,” he said. Lotaisele said he loved Mary and that is why he allowed her to stay with him and promised to marry her. In passing judgment, Magistrate Gaston Kalala noted that Lotaisele eloped with the girl and she became pregnant. He ordered Lotaisele to compensate Mary with K8,000 to be paid in instalments of K600 monthly. He also urged Mary to sue Lotaisele for child maintenance.