07 Oct 2018

Defence attorneys in a case in which two men are accused of the murder of Mr Ontefetse Tsuaneng in 2012 at Hatsalatladi in Kweneng District on Friday filed no case to answer.

The two attorneys Mr Ofentse Khumomotse for the first accused, Dikanelo  Mphakelwa, and Mr Enock Mazonde for Kesego Kentshitswe were ordered by Justice Zein Kebonang of Gaborone High Court to file with the High Court immediately after the state closed its case.

Mphakelwa, who hails from Letlapana ward in Mokobeng, and Kentshitswe of Molepolole, are charged for the murder of Tsuaneng on February 2, 2012 in Hatsalatladi whereupon they dumped his body into shallow waters of Mankgwenyana River. They have pleaded not guilty to the charge.

Testifying before court, the only state witness, Detective Constable Julia Mosikare told the court that the accused admitted to have killed the deceased because they panicked and were gripped by fear when the deceased suddenly awoke from unconsciousness.

She said the accused and the deceased had prior to that had confrontation over alleged stolen goats which the deceased had supposedly stolen, and made Kentshitswe to register them under his name as he did not have valid Omang.

The confrontation led to the deceased being assaulted with a square tube which was presented as exhibit before the court, thus becoming unconscious leading to the accused loading him in his white Toyota Hilux to take him to the hospital.

Along the way the deceased awoke and the first accused who was with him at the back of the vehicle smothered him by covering his mouth and nose until he died. The two then, according to Constable Mosikare who gave evidence in chief, dumped him in Mankgwenyana River. After that they headed for Gaborone where they left the vehicle at a certain Mr Nelson Senyongo’s yard, where it was later recovered. The vehicle has since been sold.

In the meantime, attorney Khumomotse in cross examination put it to the witness that his client was provoked by some of the demeaning words that were directed to him by the deceased when he said he should not intervene between him and Kentshitswe in the issue of stolen goats and further branded him scar-head.

Mr Khumomotse further put it to Constable Mosikare that the deceased was the aggressor as he attacked the accused with the square tube which he came brandishing before they overpowered him, a statement which Detective Mosikare said was an afterthought by the first accused.

Meanwhile attorney Mazonde berated Detective Mosikare, saying she did a shoddy job while investigating the matter. He said she failed to establish the motive which lead to the fight, but only confined her investigations to the murder without establishing its cause.

Mr Mazonde put it to Detective Mosikare that Kentshitswe had complained to the deceased that he had made him to register stolen goats and now the police were after him.

He said had the investigator sought to go deeper into the matter she could have established that the stolen goats were the source of the fight, which ultimately resulted in the unfortunate death. Mr Goabaone Motlhagodi from the Directorate of Public Prosecutions (DPP) prosecutes on behalf of the state. Ends