23 Jan 2017

A 44-year old lawyer Philimon Leitshamo of Bokaa in the Kgatleng District was yesterday arraigned before Molepolole Magistrate Rosemary Khuto for stock theft.

When arraigning the accused the state prosecutor Mr Enock Mahwite of the Directorate of Public Prosecutions (DPP) asked the court to charge the accused together with his co-accused, 31 year old Luke

Baeletsi of Gatshukudu ward in Motokwe and reserve plea. The accused attorney and his co-accused are facing two counts of stock theft.

Briefing the court on the developments of the case, the state prosecutor Mr Mahwite told the court that the investigating officer was yet to confront the suspects with the complainants as is the procedure of the law.

He also said the suspects had assisted the police by locating the scene of crime saying they are making progress though the investigations are still at an initial stage as the carcass that was positively identified further calls for confirmation.

He noted that they are alive to the fact that the accused are presumed innocent until proven otherwise but implored the court to further remand the accused as their release will compromise their investigations.

The state prosecutor also noted that cases of stock theft are rampant in Kweneng District therefore saying the courts should be seen to administer justice fairly and not selectively, saying the first accused though one of them, referring to Leitshamo does not make him any special, additionally saying he was embarrassed to be standing in court prosecuting a colleague in the profession.

For his part the defense attorney Mr Ricardo Seabueng of Seabueng Arttoneys representing the two accused told the court that one Sergeant Taukobong who happens to be the investigating officer told him that the accused assisted the police in locating the scene of crime and therefore did everything that they needed to do hence the accused were to have been released as soon as that was done.

He therefore said asking for further remand of the accused by the state prosecutor came as a shock to him hence he asked to be given sometime to consult with his clients.

After consulting with the accused, the defense attorney said it was important for the first accused, Leitshamo to give evidence under oath as to what transpired after he was arrested since the court was told a lot of untruths by the state.

In his evidence, the first accused told the court that all has been done as all the witnesses were interviewed and their statements recorded, and also that they managed to identify the skin and horns together with a team of police officers.

When cross examining the accused, the state prosecutor questioned him that since there were two carcasses recovered and he only mentioned one skin and horns being recovered when then were they going to recover the other skin and horns.

The accused said chances of recovering the other skin as well as horns were minimal as there are dogs and hyenas in that area therefore saying they could have preyed on those.

In his final submission, the defense attorney told  the court that the state had failed dismally to demonstrate how the accused will interfere with the police investigations.

He also said the position of the law was that everyone is presumed innocent until they are proven guilty additionally saying the court must at all times consider the damage done by pre-trial incarceration especially where the accused end up being acquitted.

Mr Seabueng further stated that confrontation with the suspects and the accused by the police can always be done even when the accused are out on bail, concluding that everything has been done unless the state had an undisclosed motive to embarrass and punish the accused.

The two accused have recently been granted a free bail and will appear before court on February 23. The particulars of the offence as noted in the charge sheet indicate that the two accused on January 18  this year at or near Masakaneng lands in the Kweneng District acting jointly and in concert stole an ox valued at P8 000 being the property of Tshokolo Moagaesi.

On the second count on the same date at the same location it is further indicated in the charge sheet that they were found in possession of stock produce that they are alleged to have failed to give a reasonable explanation as to how they got in possession of such. BOPA