28 Feb 2017

Chief Justice Mr Maruping Dibotelo has warned an absent defence lawyer, Attoney Kabelo Nkwe for failing to show up in court  for the continuation of murder trial last week.

During status hearing of the matter his colleague Ms Dikeledi Dingake told the court that she had tried contacting him but he was not available.

“My lord I have even tried to send him e-mail but he was not responding either,” she told the court.

However, Justice Dibotelo said that “I do not want to detain him. What I am going to do is to confirm March 22, 2017 court sitting and you should warn him about that sitting or else he will face the consequences,” he said .

Late last year, Attorney Nkwe did not show up owing to his illness and the court had to postpone the matter to this year.

When the trial resumes, the defence is expected to take the stand following the completion of the state case by state counsel Ms Sally Boitumelo from the Directorate of Public Prosecutions (DPP), who argued that the accused have a case of murder to answer.

In the dock are Matshidiso Boikanyo and Moabi Seabelo Mabiletsa who are both residents of Tlokweng.

The two are accused of the murder of Mr Vincent Mopipi on the night of September 13, 2013.

In a previous sitting when delivering the ruling on whether the accused has a case to answer or not, Justice Dibotelo said the evidence set out by investigating officer detective inspector Mmilili Mashabile disclosed that in the evening of September 13, 2013, a cellphone bearing  serial number 355307030022982 in which Sim card No. 77473949 called Deluxe Cabs Centre between 9pm and 10pm was found in the possession of Matshidiso Boikanyo when he was arrested on September 18, 2013.

The number 77473949 was the number that was given to the deceased by Oarabile Koketso, who was employed by Deluxe Cabs Company as a base operator, to contact the customers at Puma Filing Station in Tlokweng who later called Koketso saying he found and picked the said customers who, however, were no longer going to UB but to Block 9. 

“I therefore find on this evidence that accused number one has a case to answer,” he said to a stunned Boikanyo who has been in custody ever since he was arrested.

With regards  to accused number two, Mabiletsa, Justice Dibotelo said upon arrest in September 14, 2013, Mabiletsa was searched at the police station  and a long knife with a black handle and shiny blade was retrieved from his sheen.

The knife was therefore taken for forensic analysis where the deceased DNA profile was found in it.

“The evidence I have set out above links the second accused to the murder of Vincent Mopipi in that the deceased Vincent Mopipi’s DNA profile was found by Boitshepo Bojosi, forensic scientist, to be amongst the partial mixed DNA profile that was found on the black  knife with a shiny blade,” he said.

“The prosecution therefore on the evidence I have set out above established a prima facie case of the offense of murder against the second accused and has a case to answer”.

They have pleaded not guilty to the murder charge. Matshidiso is represented by attorney Dingake while Nkwe represents Mabiletsa. ENDS