22 Nov 2018

Accused in the Hatsalatladi murder case are keeping their fingers crossed as they wait with uncertainty the High Court ruling on whether they have a case to answer or not this today.

During their no case to answer submission last month, defence attorneys representing the two urged Gaborone High Court’s Justice Zein Kebonang to dismiss the case because the prosecution had unequivocally failed to prove its case.

The accused are out on bail.

During their submission, attorneys Ofentse Khumomotse for Dikanelo Mphakelwa and Enock Mazonde for Kesego Kentshitswe said it would be a clear miscarriage of justice if the court could entertain the reasons advanced by the prosecution as it failed to demonstrate the alleged murder.

Attorney Khumomotse submitted that no competent sitting jury or tribunal could find his client guilty of murder, adding that at the most he could be charged with affray as the accused and the deceased were involved in the fight.

He further said the pathologist report showed that the deceased’s cause of death was asphyxia (suffocation) and therefore his client could not be held accountable for such as he never smothered him, a point which was also buttressed by the investigating officer Detective Constable Julia Mosikare while giving evidence in chief.

For his part, Attorney Mazonde noted that the evidence adduced by the investigating officer was not admissible before the court as it amounted to confession before a police officer, but the police officer failed to take the accused before a judicial officer.

He said that was a clear confession, but the investigating officer failed to present it in writing before a judicial officer.

Likewise, Attorney Mazonde, who was critical of the investigations into the matter, said he aligned himself with some of the points raised by Attorney Khumomotse, noting that the matter should be thrown out as it was only designed to waste the court’s time.

However, attorney for the state Mr Goabaone Motlhagodi maintained that the two had a case to answer because the state had proved its case beyond reasonable doubt.

He further said there was absolutely nothing to suggest that there was any confession which should have been done before a judicial officer.

Mr Motlhagodi further said the murder was committed in consent and therefore it could not be argued on the basis of which accused did what role to commit the murder.

Mphakelwa, who hails from Mokobeng and Kentshitswe of Molepolole are charged with the murder of Mr Ontefetse Tsuaneng on February 2, 2012 in Hatsalatladi whereupon they dumped his body into shallow waters of Mankgwenyana River.

They have not pleaded guilty to the charge.Ends