25 Mar 2018

A defence lawyer has confirmed to Gaborone Broadhurst Magistrate’s Court that his client has approached the High Court on a certificate of urgency to apply for bail as he has been in custody ever since he was arrested last month.

Attorney David Ndlovu was confirming the prosecution’s opening remarks that indeed they have since approached the court and their bail hearing has been scheduled for Wednesday before Justice Tshepo Motswagole.  

The bail applicant, a Motswana man who is charged together with two Zimbabwean men are accused of murdering a sister to his former wife on September 10, 2015 in Oodi.

The accused, Ernest Legwale of Phaphane ward in Mochudi appeared together with Zimbabwean Hamadi Nkhuha of Plot 1616, Mmopane Block 1 before Chief Magistrate Faith Dlamini-N’gandu facing a single count of murdering Ms Thato Meswele, who was a sister to his former wife, Dimpho. The third suspect in the matter is still on the run.

During their first appearance a month ago, detective Senior Superintendent Sergeant Marapo said this case has taken the police two years to investigate until recently when they got a tip off and made the arrest and therefore prayed the court not to grant the duo bail, more so that they were only arrested on February 20. 

He noted that should the accused be granted bail, they were likely to interfere with investigations, particularly that a host of people are involved in the matter and some of them include traditional doctors and vehicles which are yet to be traced. 

It is alleged that on the morning of September 10, 2015, Dimpho’s younger sister went outside the house as they were preparing to go to work, but she was accidentally hit by an assailant with a hard object on her heard and sustained a deep wound. She was taken to Princess Marina Hospital where she died four days later.

At the time when the incident happened, the first accused Ernest was not present and he has since told the police that he has never sent anyone to kill his wife, but had sent the two men to go and plant a head of a baboon in the yard so that he could reconcile with his wife with whom he was going through a process of divorce. 

The couple has already divorced.

In the meantime the second accused, Hamadi, has already confessed to the crime and recorded a confession statement before a judicial officer. 

During his appearance together with Ernest he reiterated his position that he has committed the offense and that the police should be given enough time to investigate mores o that some people who are involved in this matter want to distance themselves.

Meanwhile Hamadi has told the court that some of the information that he recorded in his confession statement was not true and therefore wished that it be annulled 

The plea was not acceded to by the court because it would be unprocedural and in addition the recording was not made under any duress. 

Hamadi however said he has engaged the services of an attorney to look into this, but magistrate Dlamini-N’gandu informed him that he would deal with that at the high court during trial and that this development may present a trial within a trial. END