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Defence attorney recuses himself from case

16 Apr 2018

Efforts by the prosecution to make an application before Molepolole senior magistrate, Ms Lindiwe Makgoro for extraction  of blood from three men accused of car theft in Molepolole and Moshupa aborted after the defence attorney in the matter withdrew from the case.

Attorney Sesupo Masaka initially representing the trio, emerged after late appearance before court with news of stepping down from the case, highlighting disagreement with his clients on how he should conduct their defence.

The decision therefore frustrated prosecution’s intention led by Detective Superintendent Joshua Ntau of Serious Crime Squad who had intended to make an application for the court to grant permission for extraction of blood.

The extraction of blood, according to prosecution, was for the purpose of DNA to help establish ownership of some clothes allegedly found in some of the suspected stolen vehicles, which were later found in South Africa.

It was then that Ms Makgoro allowed postponement of the case to April 26 to accord the trio opportunity to seek legal representation.

Attorney Masaka was the defence attorney in a case where David Molefe, Gonyadiwamang Masisi and Setabo Senatla aged between 45 and 60 of Mmathubudukwane and Matebeleng in Kgatleng District were faced with three counts of stealing three vehicles in Molepolole and Moshupa between November 17 and 22 last year.

They were said to have stolen two mini buses and a Hi-Lux Surf valued at P65 000, P69.000 and P79 000 respectively being properties of Mabaleng Couch Tours of Molepolole and messers Oteng Mabaka and Ompatile Rabogodi of Moshupa.

The decision led to postponement of the case to April 26, defeating the intention by the state prosecutor to make progress on the matter.

Meanwhile, accused in a case in which a Letlhakeng man faces a single count of causing grievous bodily harm has called for the recusal of Letlhakeng police from his case accusing them of being biased agaisnt him..

The 45-year-old Moruledi Molaodi of Moiphisi ward blamed Letlhakeng police for the committal of the alleged offence, arguing that his previous attempt to lodge complaints before Letlhakeng police continued to fail when his reports were never adhered to since 2005.

The accused highlighted that on several instances, he reported matters to the then police station commander and the current one, but was constantly dismissed without being given audience.

“If possible, I don’t want my case to be handled by Letlhakeng police, including the station commander as they previously failed me, something that led to the decision I took,” emphasised the accused.

The accused’s plea was however dismissed by Magistrate Makgoro as a non-starter, saying he was merely shifting the blame when he is the one responsible for his wrong doing.

The prosecutor, Inspector Sergeant Tshepo Morakalala had pleaded for the remand of the accused, arguing that the victim was still under Intensive Care Unit at Princess Marina Referral Hospital, resulting from severe injuries inflicted on him by the accused.

Molaodi, allegedly hit Mothusi Bofetoleng with an axe on the head, thereby causing him a fracture. Ends

Source : BOPA

Author : Kebaeditse Baitlotli

Location : Molepolole

Event : Court

Date : 16 Apr 2018