01 Aug 2016

Chief Justice Maruping Dibotelo has given defence lawyers in a case involving two men who killed a Deluxe Cab driver some more time to file their no case to answer application.

The development came after one of the defence lawyers, Mr Kabelo Nkwe representing Moabi Mabiletsa told the court that he could not file his application in time because of the limited time that they were allocated and that he was yet to secure assistance from DNA scientific experts from South Africa.

Though he said he was abandoning the filing of no case to answer so that the case could proceed, Justice Dibotelo assured him and his colleague Ms Dikeledi Martin, representing Matshidiso Boikanyo of more time so that they could thoroughly work on their case.   

Previously, Justice Dibotelo had ordered the defence to have filed with the prosecution by July 20 and in turn the prosecution was to reply by July 26.

This time around defence was ordered to file with the prosecution by August 18, while the state should have replied by August 29. The parties will meet in court on September 2 to motivate their arguments.

Mabiletsa and Boikanyo, who both originate from Tlokweng, were accused of murdering Mr Vincent Mopipi in the night on September 13, 2013 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, 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 wildly used and highly reliable. He said Botswana use a 15-marker DNA system while others use 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 Mopipi, who was stabbed more than 44 times by his murderers.

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