06 Apr 2014

Village Magistrate Court has refused to make an order to the effect that the prosecution should give a murder accused some documents and possible exhibits before the matter is commuted to the high court for trial.

Village Magistrate, Mr Goodwill Makofi recently told one of the four accused in the murder of a cab driver, Matshidiso Boikanyo, that procedurally, it would be cumbersome for the court to order the prosecution to handover some clothes which the police seized from him in order to conduct their investigations in the matter.

He said the prosecution might possibly use the clothes as exhibits when leading evidence and they would only be handed back to him at the end of the case, if the court orders so. Magistrate Makofi also stated that it would not be appropriate for now for the prosecution to handover the Mascom Wireless printout which indicate cell phone numbers which were dialed by Boikanyo’s mobile phone before and after the time of the commission of the murder.

He assured Boikanyo that he will be furnished with every document and witness statements prior to his committal, adding that the prosecution cannot serve him with trial documents one by one and before investigation and summary of evidence could be finalised.

Boikanyo, who recently lost a bail application at the high court, had requested magistrate Makofi to make an order compelling the prosecution to give him his clothes which were taken away by the police as well as handing him a copy of the Mascom printout in order for him to prepare his defence.

Particulars of the offense indicate that the four accused on September 13, 2013 at Block 9 location in Gaborone murdered Vincent Mopipi, a cab driver.

The four accused are Tshwanelo Tshimologo of White City in Gaborone, Onthusitse Kgosiethata of Extension 14 in Gaborone, Moabi Seabelo Mabiletsa of Bontleng in Gaborone and Boikanyo, who hails from Tlokweng,

Recently, the prosecutor, Mr Mmapatsi Tshimologo of the Directorate of Public Prosecutions (DPP) said police have released another pending forensic report and photo album which will be used once the case comes to trial. Mr Tshimologo however noted that he is yet to study the two documents.

An earlier forensic report showed that the finger prints of the accused and those which were picked from the deceased’s car did not match, neither did the blood stains found on the clothes which they were putting on during the time of the commission of the crime match the DNA of the deceased.

Meanwhile, the court has since issued a warrant of arrest for the third accused, Mabiletsa, who failed to report himself to the police and skipped attending court mentions as stipulated in his bail. Boikanyo will come for another mention on April 15 while his co-accused will come on April 24, 2014.

In the meantime, the prosecutor, Mr Tshimologo is in process of writing to Director of DPP, Mr Leonard Sechele to withdraw charges against Tshimologo and Kgosiethata without prejudice to the state. ENDS