14 Jul 2014

A lawyer representing one of the three men who were recently discharged on a single count of robbery has demanded the state to furnish him with investigating officer’s statement as it is going to form the basis of the state argument against giving back seized vehicles.

Attorney Leonard Mosepele, who is due to appear again before Principal Magistrate Goodwill Makofi, because of the non-availability of the substantive prosecutor, argued that before the men’s case was withdrawn he had all along requested to be furnished with the investigator’s statement but to no avail.

He said the state was going to use it in its application to stop the defense from claiming three vehicles, which were believed to have been bought from the proceeds of crime.

Mr Mosepele further submitted that the state should provide them with the affidavits well in time so that they could be in a position to respond conversely and well in time.

The three claimants of the vehicles were earlier charged on a single count of robbery involving large sums of money, jewelry and gold coins but subsequently the victim lost interest in the case and left the country abruptly.

This led to the state withdrawing the case against the trio after considering many factors.

However, the initial prosecutor from the Directorate of Public Prosecutions (DPP) Mr Moakofi Seilane when applying for the withdrawal of the matter told Magistrate Makofi that he wished to withdraw the matter in terms of Section 150 (4) of the Criminal Procedure and Evidence Act.

He said his argument was motivated by the fact that the principal complaint in the matter Ms Patel Chetnaben Nagarbhai had since left the country to India and has refused to give her contacts in India as she said she does not have any interest in the case.

He also said the accused should be handed back the exhibits which include vehicles which are believed to have been bought by the proceeds of the crime.

However, magistrate Makofi who agreed to the withdrawal of the matter without prejudice to the state noted that the prosecution should motivate its arguments as to why the accused should be handed over the alleged stolen money and goods including the said three vehicles.

The claimants are Modulasetilo Seretse, Moses Ketembele and Mhina Mhina. Seretse is represented by Mr Mosepele who had a long time ago applied for the release of his vehicle on his behalf, while his co-claimants, who were previously represented by Mr Shame Taimu, do not have a legal counsel at the moment.

According to particulars of their earlier offense, the trio had robbed their victim in Phase IV location in Gaborone, using violence the sum of P450 000, R42 000, jewelry worth P85 000 and three gold coins, whose value is not yet known to the prosecution.

When the matter comes before court, it is anticipated that the new prosecutor Mrs Priscilla Israel will update the sitting on whether she has filed or given any correspondence to the defence and therefore map the way forward, particularly that the defence is not impressed at the slow progress of the matter. ENDS