17 Feb 2016

Molepolole Magistrate Lindiwe Makgoro, on February 16, recused herself from the ritual murder case of a Thamaga woman, Ms Nthabiseng Motlogelwa.

Magistrate Makgoro’s recusal followed an application by Attorney Kgosietsile Ngakaagae’s plea for the magistrate’s recusal on the basis that she had a relationship with the deceased, something that would easily influence the decision the court may take

Ms Makgoro in her ruling admitted to have had a relationship with the deceased that was work related as they often attended meetings together where they usually interacted.    The magistrate agreed that she started knowing the deceased in August 2015 when she was seconded to Administration of justice in Molepolole on an internship programme

She said it was true that they were pained by the deceased’s passing and did not rule out a possibility of biasness as they interacted with her more often even in meetings where she participated actively and interacted with colleagues.   

Attorney Ngakaagae, representing Clement Phoi, had in the previous mention applied for Ms Makgoro’s recusal from the case for allegedly having vested interest in it. The case, according to Magistrate Makgoro, would now be transferred to the Gaborone-based regional magistrate, Mr Chris Gabanagae where the accused would appear for mention on March 1.

Two of the six accused; Mojalemotho Mokate and Moetapele Kgololo who are represented by attorneys Letlhogonolo Makgane and Legolo Relaeng were granted bail by the High Court last Friday.  

After the hearing, the accused persons remained stuck in the court room fearing for their lives as an angry mob congregated outside the courtroom compelling the police to whisk them through the back door.

Magistrate Makgoro had in the previous mention insisted that it would be risky to grant the suspects bail when Molepolole community was still angry and wanted to take the law into their hands. 

She had also said the offence committed was a serious one that carries capital punishment and therefore it was upon the court to give the case the seriousness it deserved as well as to ensure protection of the accused from the angry Molepolole community.

Meanwhile, the prosecutor, Inspector Uyapo Koketso pleaded with the court to further remand accused one, four, five and six to allow for police investigations, adding that they were as well waiting for forensic report from the police laboratory. Ends