15 Sep 2016

A defence lawyer representing the fourth accused in the Gaborone North Farms murder and robbery trial at Tuwana Construction camp site has claimed that his client was flushed out of his house through the use of tear gas.

Attorney Eddie Babuseng put to state witness Mr Mmolotsi Magang during cross examination at the ongoing trial that Security Systems officers used tear gas to force Patrick Gaile to come out of the house so that they could arrest him on the night of August 28, 2013.

Attorney Babuseng said his client did not willfully come out of the house but came only after he could not withstand the powerful effect of the teargas which was sprayed under the door of the house he was in by the Security System guards.

However Mr Magang, who is also a senior supervisor with Security Systems, nullified the insinuation on the grounds that nobody ever fired teargas under the door of the house in which Gaile was.

He noted that Gaile, who was initially reluctant to come out for questioning by the guards in relation to the Tuwana Construction incident, which also resulted in the death of Mr Olebogile Ramapulane came out on his own volition as he learnt that he was critically needed.   

Mr Magang further told the court in response to cross examination from unyielding Babuseng that when effecting arrest one has to properly introduce himself to the suspect and inform him why he is being arrested.

He said if the suspect resists all efforts to accompany him to the scene for further investigations he normally calls in the police.

In the meantime Mr Magang said there was no need to call the police to come and assist with the arrest of the suspects because they offered very little or no resistance at all.

However attorney Babuseng said the witness was purely trying to paint a rosy picture of arrest to the court though he knew that it is not what transpired during arrest of the accused in this matter.

Responding to another question from Ms Bokani Machinya, who is representing the fifth accused, Mpho Mangwa, he said he did not do any assessment of the five shoe prints at the second gate of Tuwana Construction camp site because he has never seen that gate except for one he used to go inside.

“How can I make an assessment of the five shoe prints at that second gate which I did not see? I am just seeing that second gate for the first time in the photo album now,” he said.

Meanwhile Mr Magang said during the time of tracking the suspects from Tuwana Construction to Oodi village where they ultimately arrested four of them while the fifth escaped, before being apprehended by the police, they were under the leadership of his senior Mr Walter Leave.
 

Standing trial are Lebang Thabo Ntesi, Phemelo Tshelang, Gorata Humble Sebego, Patrick Gaile and Mpho Mangwa.

According to the particulars of the offence, the five men who are all residents of Oodi in, on the night of August 28, 2013 at Gaborone North Farms acting together with a common purpose murdered Mr Ramapulane, who was guarding the property at the residence.

In the course of their action they also robbed their victim some property and police managed to recover some items which include a lap top and some cash totalling over P15 000 cash. They were initially charged for attempted murder on Liu Jian Hui, still at the same farm on the same day.  

During attempt on his life, Hui was gravely injured and got admitted at Princess Marina Hospital's Intensive Care Unit. He has however left the country thus the charge has fallen.

The prosecution team from the DPP is made of Messrs Farayi Mahwite and Sharpe Dubula while defence team is made of Ms Wema Isa, Mr Isiah Letlole, Mr Maswabi Maswabi, Mr Eddie Babuseng and Ms Bokani Machinya. The case continues before Chief Justice Maruping Dibotelo. ENDS