19 May 2014

Murder accused, Matshidiso Boikanyo, has told the Village Magistrate Court that he is happy that he got assistance from Gaborone State Prison officials and had typed his appeal letter to the High Court.

Boikanyo has written an appeal letter following the principal magistrate’s refusal to make an order compelling the prosecution to grant him his confiscated clothes, among other things.

Last month, Mr Goodwill Makofi refused to make such an order or allow Boikanyo to be given the printout of Mascom Wireless, which indicated mobile phone calls made from his phone.

Mr Makofi said procedurally it would be cumbersome for the court to order the prosecution to handover some clothes which the police seized from him when conducting their investigations in the matter.

He said the prosecution might possibly use the clothes as exhibits when leading evidence and they would be handed back to him if the High Court so wishes.

Magistrate Makofi also explained that it would not be appropriate at this instant for the prosecution to handover a copy of Mascom Wireless printout which indicates cellphone numbers which were called from Boikanyo’s mobile phone before and after the time of the commission of the murder.

He assured Boikanyo that he would be furnished with every document and witness statements prior to his committal to the High Court for possible trial, adding that the prosecution cannot serve him with trial documents one by one whilst investigations and summary of evidence have not been finalised.

Boikanyo who hails from Tlokweng is one of the four accused persons in the murder of a cab driver. Others are Tshwanelo Tshimologo of White City, Onthusitse Kgosiethata of Extension 14, Moabi Seabelo Mabiletsa of Bontlen, all from Gaborone.

Particulars of the offence are that the four accused on September 13, 2013 at Block 9 Location in Gaborone murdered Vincent Mopipi who was a cab driver, contrary to Section 202 of the Penal Code of the Laws of Botswana.

Recently, the prosecutor Mr Mmapatsi Tshimologo from the Directorate of Public Prosecutions (DPP) said police have released another pending forensic report and photo album which would be used in the murder case. Mr Tshimologo however noted he was still to study the two documents.

An earlier released forensic report showed that the finger prints of the accused and those which were picked from the deceased’s car did not match nor did the blood stains which were found on the clothes matched the DNA of the deceased.

However, Mr Tshimologo told the court that he would assist Boikanyo in whatever way possible after magistrate Makofi commented that detainees should not be taken for granted.

The prosecutor said he has written to the director of DPP, Mr Leonard Sechele to withdraw charges against Tshwanelo and Kgosiethata without prejudice to the state. Boikanyo will appear for another mention on May 28, this year. Ends