05 Feb 2016

A defence lawyer in the Molepolole ritual murder case has implored Magistrate Lindiwe Makgoro to recuse herself from the case. 

Mr Kgosietsile Ngakaagae’s recusal plea came after the magistrate denied the six accused persons bail. The six men face a single count of murder. They reportedly murdered Ms Nthabiseng Motlogelwa, who was an intern at the Molepolole Magistrate Court last year.

He said Magistrate Makgoro or any other magistrate in Molepolole should not be involved in the case because they had interest in the matter and were therefore bound to take sides.

Mr Ngakaagae. who represented one of the accused, Clement  Phoi,  expressed disappointment over the magistrate’s failure to disclose interest in the case, adding that they (magistrate court) once shared the work environment with the deceased.

“I am not arguing common sense. We cannot rule out the likehood of biasness if the case is handled by an individual who had shared space and socialised in the employment space with the deceased”, he said.

“It is clear that this court may take sides because they have interests in this case and we therefore want a platform where the suspects will be accorded a fair deal by a neutral or independent magistrate," Mr Ngakaagae added.

Other defence attorneys; Mr Letlhogonolo Makgane and MCBain Kaang shared Mr Ngakaagae’s sentiments arguing that they were not made to understand that the accused was an employee of the Molepolole Magistrate Court saying they only learnt that after the last mention.

Mr Makgane also called for Ms Makgoro’s recusal from the case insisting that their actions had no intention of undermining the magistrate’s integrity but to observe the rule of law.

The court would deliver the recusal ruling on February 16. Another defence attorney, Ms Legolo Relaeng, called for the speedy delivery of the judgement.

 Earlier on, Magistrate Makgoro denied the accused bail saying it would be risky to do so since the community was still angry and might take law into their hands.

She said the offence was a serious one that could attract a maximum sentence of capital punishment,  therefore it was upon the court to give the case the seriousness it deserved as well as to ensure protection of the accused.

The case, she said, had attracted multitudes of spectators who even distracted court proceedings, an indication that the community was still angry with the accused.

 The six are Keeagile Sekwati, Mojalemotho Mokate, Moetapele Kgololo, Mosimanegape, Moatshe, Sebeninyana Puso and Clement Phoi. Ends