06 Oct 2016

Magistrate Odirile Mokgatle of Jwaneng has discharged and acquitted Paul Gaketlwaelwe who was accused of threatening to kill Mr Geofrey Mogami in Thankane on May 5, 2015.

Mr Mogami reported Gakebatlwaele to the police after he (Gakebatlwaele) said he would cut Mr Mogami’s throat and kill him at the farms.

Mr Mogami testified on Tuesday that, in the early morning of that day, he received life threatening words from Gakebatlwaele who accused him of spreading false rumours that the accused was a stock thief.  Court also heard that the accused uttered insults to the complainant during the incident.

Mr Mogami’s testimony was collaborated by another state witness, Mr Philip Rustenburg who revealed to court that, after hearing the life threatening words directed to the complainant, he advised him to save his life and report the accused to the police.

Though during cross examination the accused told court that there were other two people who were present but did not hear such words, Mr  Rustenburg’s evidence was that the said people were drunk during and they refused to submit statements to the police during investigations.

The investigating officer, Constable Otshidile Popo stated that during investigations, the accused denied ever uttering life threatening words and maintained his innocence.

However, after closing the prosecution’s case, Magistrate Mokgatle was not convinced that Gakebatlwaele had a case to answer.

He pointed out that the prosecution had failed to establish a case against the accused and there was no solid evidence that the complainant indeed feared for his life.

He therefore discharged and acquitted him but warned him to refrain from uttering words that might pose a threat to the life of another person.

Still in court, Thabang Melome’s remand warrant was extended to allow the investigations to continue in his stock theft case.

The prosecutor, Sub-inspector Edwin Supang availed the investigating officer Constable Thatayaone Magosi to update court on why the accused was to be remanded in custody.

Constable Magosi said the accused was suspected to have stolen three cows belonging to Mr Julius Ghanie and the investigations were still fresh.

He said the accused had already tempered with exhibits which were kept in state safe custody by removing them and further removing their electric ear tags.

“He further stole the said cows for the second time which were now in state custody but they have since been recovered and the accused has been at large for a long time,” he told court.

He said they were still searching for another missing ox which was also in  state custody with the cows in question.

Constable Magosi said if granted bail, the accused might temper with police investigations as the investigating team was already  in possession of the accused s threatening messages to state witnesses.

He also feared that the accused might abscond trial as he had been doing with other matters that were before court. Ends