23 Oct 2016

Jwaneng- based senior magistrate, Ms Basetsana Keakantse has maintained that Patrick Gaile, one of the accused in the Gaborone North Farms murder trial, was in his sober and sound mind when he recorded a confession statement on December 24, 2013.

Testifying before the Gaborone High Court at the ongoing murder trial of Security Systems guard, Ms Keakantse said according to her own assessment, Gaile was neither under police fear nor coercion to record a statement.

She told the court that she thoroughly explained the conditions under which a confession statement is made and Gaile told her that he was voluntarily recording it.

She refuted insinuations by Gaile’s attorney, Mr Eddie Babuseng that Gaile recorded the confession statement because he was promised a thorough beating and possible killing by the police, more so that he was constantly assaulted physically and emotionally by police, who had unlimited access to him while he was in custody.  

Ms Keakantse noted that she recorded the confession statement in her enclosed office in the presence of Village Magistrate Court; court interpreter Ms Tebogo Herbert Manyothwane and therefore there was no police interference as none of them showed up in her office.

She further told the court that though she did not ask the names of police officers who allegedly assaulted Gaile and his co-accused, by the time he came to make the confession, there were no visible physical injuries on him.

Gaile had informed the magistrate that they were beaten and left bleeding while in police custody.

Meanwhile, the defence attorney, Mr Babuseng objected to the submission of the confession statement as part of Ms Keakantse’s evidence thus creating a trial within trial.

He argued that his client was not of sober and sound mind as alleged by magistrate Keakantse.

He objected that the senior magistrate did not have the requisite or necessary training in evaluating Gaile’s state of the mind when he appeared before her.     

Gaile is expected to give testimony of account leading to recording of the confession statement when the trial resumes on November 16, 2016.

The accused men are Lebang Thabo Ntesi, Phemelo Tshelang, Gorata Humble Sebego, Gaile and Mpho Mangwa.

All the accused are on bail except Ntesi who is still in custody for a different offence.

The particulars of the offence are that, the five men who are all residents of Oodi in Kgatleng District, on the night of August 28, 2013 at Gaborone North Farms acting together with a common purpose murdered one night watchman, Mr Olebogeng Ramapulane, who was guarding at Tuwana Construction camp site.

They were initially charged for attempted murder on Liu Jian Hui, still at the same farm on the same day.

Following the incident, 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 accused are now facing only two counts of armed robbery and murder.  

The sum of P20 000, a computer, lap top, a navy blue blazer and a cellphone were stolen during the commission of the crime.

They pleaded not guilty to both charges.  

The prosecution team consisted of Mr Farayi Mahwite and Mr Sharpe Dubula while defence team comprised Ms Wema Isa, Mr Isiah Letlole, Mr Maswabi Mwando Maswabi, Mr Babuseng and Ms Bokani Machinya.

Chief Justice Maruping Dibotelo presided over the matter. ENDS