27 Feb 2017

Chief Justice Mr Maruping Dibotelo has postponed a case in which five men are facing two counts of robbery and murder after one of the defence lawyers informed the court that she could not make it for the scheduled trial because of some reasons, which were not disclosed to the court.

The case has now been moved to March 13 - 17, 2017 where the prosecution is expected to call at least eight more state witness to the dock.

The accused, who all hail from Oodi village in Kgatleng District, are Lebang Thabo Ntesi, Phemelo Tshelang, Gorata Humble Sebego, Patrick Gaile and Mpho Mangwa. 

The five men, who are all on bail and have been attending to all court sittings, are said to have on August 28, 2013 robbed Liu Jian Hui cash amounting to P20 000, a lap top computer, a navy blue blazer and a Gionese cellphone and harmed  Hui and Oageng Kgano to seize the stolen items.

On count two it is alleged that the five accused murdered Olebile Rapulane who was guarding Hui’s premises at Tuwane Construction Camp site at Gaborone North Farms. Rapulane was an employee of Security Systems Company. All accused have pleaded not guilty to the two counts.

Meanwhile Justice Dibotelo recently ruled that the fourth accused, Gaile, whose lawyer Mr Eddie Babuseng had applied for a case within case, has failed to adduce concrete evidence that a confession statement that he recorded before a judicial officer in December 24, 2013 was recorded under duress.  

In her evidence in chief, former magistrate Grade 1 at Village Magistrate Court in Gaborone Ms Basetsana Keakantse, who is now senior magistrate in Jwaneng, told the court that she explained the procedure pertaining to writing a confession statement, noting that the accused willingly with a sober and sound mind wrote the statement.

Attorney Babuseng had challenged the admission of the confession statement on the basis that it was not freely and voluntarily made and should therefore be expunged from the record.     However the accused, Gaile, in his narration told the court that he was severely beaten by the police while in detention.

However in his ruling Justice Dibotelo said no plausible explanation has been put forward, and have found none, why the senior magistrate would set out to manufacture stories that implicated the fourth accused. ENDS