11 Feb 2016

Jwaneng magistrate Mr Odirile Mokgatle was on Tuesday compelled to postpone a trial for nine men who have been charged with unlawful possession of government trophy due to the absence of one of the defence attorneys.

Phomolo Keipeile(34), Ogopoleng Mahupu(39), Uetutiza  Kandjou (27), Keobametse Thoje(49), Letsomo Mokobe(38), Atlarelang Maupo (36), Boitirelo Moipolai (27), Keemekae Shangwena (35) and Tswaranang Baitse (38) are facing a single count of unlawful possession of government trophy contrary to section 68(2) of the Wildlife Conservation and National parks Act Cap 38:01 of the laws of Botswana.   

According to the charge sheet the accused persons, on December 6, 2014 near Jwaneng along Sir Seretse Khama Highway, being people not authorised, licenced or exempted  in any manner to possess  government trophy, acted jointly and had in their possession elephant tusks weighing 81.1kg and 36.8kg.

Initially the trial was scheduled to commence on February 8, 2016 but it was postponed to the following day after one of the defence attorneys, Mr Sylvester Mokwaise could not turn up due to reasons advanced to the court. However, the latter, who represents Kandjou, Thoje and Mokobe still failed to pitch without reasonable excuse on February 9, 2016.

Magistrate Mokgatle expressed displeasure at the non-appearance of the defence attorney, noting that the position of the law is that the accused should be given a chance to seek legal representation but if any person use such privilege to frustrate the law, the behaviour is uncalled for. 

He said such conduct was not only an inconvenience to the court but also to the accused persons and other counsels who attended.

“The court however notes that the accused cannot be punished for the offence of their attorney as they have always indicated that they are willing to engage an attorney in the proceedings,” he charged.

Keipeile was represented by Mr Thembani Jeremiah and Mr Mompati Sepego represented Ogopoleng Mahupu while the rest of the accused persons are expected to conduct their own defence.  

The case was rescheduled for trial from April 25 to 29 2016 and the accused persons have been instructed to liase with their attorney about the dates or alternatively seek the services of a different attorney for the progress of the case.

They will appear again on March 24 to confirm trial dates. ENDS