07 Sep 2016

Chief Justice Maruping Dibotelo of the Gaborone High Court is expected to make a ruling on September 13, 2016 in a case in which two accused in the murder of a cab driver have applied for a no case to answer.

The two accused Matshidiso Boikanyo represented by attorney Ms Dikeledi Martin and Moabi Mabiletsa represented by attorney Kabelo Nkwe have pleaded not guilty tot the murder of Vincent Mopipi, who was a cab driver with Deluxe Cab on the night of September 13, 2013 in Block 9 location in Gaborone. 

Making a joint submission before the court, Mr Nkwe said the state has failed to satisfactorily prove before the court that the two accused are the very people who murdered the accused except to state that the alleged black and shiny murder knife with mixed DNA was found in possession of Mabiletsa.

He further submitted that the state relied its evidence of the fact that the phone that was used to call the cab belongs to Boikanyo. Mr Nkwe therefore argued that no direct evidence of the perpetration of the offense charged or any other by the two accused persons has been offered and the state’s case depends entirely on circumstantial evidence. 

He also noted that neither piece of the above evidence is prima facie proof that the accused persons caused the death of the deceased, nor did anything even remotely connected to the death of the deceased. 

Meanwhile he argued that the forensic evidence led by state forensic scientist Mr Boitshepo Bojosi indicated that he had only one control sample which by his own admission made the case weaker as it could have yielded better results if he had more than one.   

In response the state prosecutor Ms Sally Boitumelo said taking into consideration the provision of Section 180 (3), the question that decisively presents itself is whether on the evidence already admitted and led, it could be said that there is no evidence linking the accused persons to the offence charged.  

Ms Boitumelo argued that at the beginning of the trial, the prosecution admitted that no one saw anybody killing the deceased and that whatever evidence will be brought before the court will be purely circumstantial.

Ms Boitumelo submitted that the evidence led by the prosecution is that the calls made to the cab company originated from Boikanyo’s phone and when he was arrested he was still in possession of the very cellphone that made the calls to the cab company requesting for a cab. 

In addition, she said, less than 24 hours after the deceased was killed, a knife was found in possession of Mabiletsa and that the knife had the DNA profile of the deceased according to analysis by the forensic scientist. 

“The state submits that there is evidence to link the accused persons to the deceased’s death. As such the accused must be put to their defence in this matter and also the application be dismissed”, she said. END