11 Jul 2016

Defence lawyer in a case in which two men are accused of the murder of cab driver, Mr Vincent Mopipi, have informed Gaborone High Court that they will apply for no case to answer.

Addressing Chief Justice Maruping Dibotelo on Friday after the state closed its case, Mr Kabelo Nkwe said they intended to make their application before the court could pronounce whether there was a case to answer or not.

Mr Nkwe, therefore, requested the court to allow them enough time to file their application because they would have to extensively consult with leading experts especially in the field of DNA from South Africa.

He reasoned that given the fact that they were to come before court on July 27, the time might not be enough for them to comprehensively compile their facts and file with the prosecution.

However, Justice Maruping said since the matter had been before the court for some time now, there was need for both the prosecution and the defence team to make sure that the case comes to a conclusion.

Justice Maruping therefore ordered the defence to have filed with the prosecution by July 20 and the prosecution should have replied by July 26.

Moabi Mabiletsa and Matshidiso Boikanyo are accused of murdering Mr Mopipi in September 13 at Block 9 location in Gaborone.

The knife, which was allegedly used to commit the crime, was discovered from Moabi and a forensic scientist with Botswana Police Service forensic laboratory, Mr Boitshepo Bojosi confirmed that Mopipi’s DNA was found in it.

Under cross examination from Mr Nkwe, Mr Bojosi said the method that was used to establish DNA was reliable. 

He said Botswana used a 15-marker DNA system, while others used the 9-marker system. 

He said Botswana opted to go higher so as to increase the chances of reliability.

Mr Bojosi further told the court that he conducted only one test to determine the presence of DNA on the knife and the blood sample of Mr Mopipi, who was stabbed more than 44 times.

He further said although there was the presence of another unidentified female DNA sample in the knife, it did not mean that the result could be discredited.  

Mr Bojosi said when conducting DNA, there was no speculation since the system had been tried and tested over time. 

He, therefore, said a mixed DNA obtained from the knife was still acceptable particularly that there was positive results from blood sample of Mr Mopipi. ENDS