24 Mar 2015

A defence lawyer representing Boitshwarelo Tau, who is accused for the murder of her boyfriend, has informed the Gaborone High Court of his intention to challenge the appointment of district commissioners (DCs) and district officers (Dos) as judicial officers (JOs). 

This surfaced after a state witness, Mr Kabelo Tshekiso, who is a dstrict officer based in Tutume Sub-district, had testified that on October 12, 2011, Tau came to his office whilst still based in Kanye to record a confession statement.

Mr Tshekiso, led by prosecutor from the Directorate of Public Prosecutions (DPP) Ms Sally Boitumelo, told the court that he explained the necessary steps and procedure required of him before administering such a voluntary statement. 

However defence lawyer, Mr Gabriel Kanjabanga, said he had qualms with the system of appointing DCs and DOs as judicial officers.

Though he concurred with the presiding officer Chief Justice Maruping Dibotelo who reminded him that such officers were appointed by the President following a legally guided process that included oath taking, Mr Kanjabanga was not ready to agree to the tendering of the confession statement to be used as part of evidence in the trial.

He said he will therefore need time to research extensively and submit comprehensive submission before the court, noting that at the moment he did not have enough reasons to advance before the court. Nevertheless he reasoned that the practice was outdated and needed to be dealt away with. 

Tau stands accused for the murder of Sinki Phuthego, having allegedly hit him three times with two stones on the head.

Phuthego died two months later on October 8, 2011 at Princess Marina Hospital (PMH) where he was hospitalised. The alleged perpetrator Tau was subsequently detained at Mabutsane Police Station for three days before going for confession at the district commissioner’s offices.

The 28-year-old Tau has since pleaded not guilty to a charge of murder and had been on bail since and her confession statement was made in Setswana and translated into English.  Her statement indicated that she came volunteering and she was never beaten nor injured by police during her three-day-detention.

Meanwhile Justice Dibotelo has postponed the matter and given attorney Kanjabanga up to April 08, 2015 to have filed his arguments with the court while Ms Boitumelo from the DPP should file her reply by April 23, 2015 before the two parties meet again in court on April 28, 2015. ENDS