01 Apr 2019

The High Court in Francistown held a trial within a trial to determine admissibility of a recorded conversation between Pastor Milidzani Socks of Breath of Life Church in Borolong and murder accused, Atlholang Mojanki.

This was after the defence had made an application, which the court acceded to.

Mojanki, who is a former CID officer in Francistown, was accused of killing his girlfriend in 2013 and dumped her at a bush near Donga Military Camp. He pleaded not guilty to the charge.

Giving evidence before Judge Lot Moroka, Detective Superintendent Simisani Zhibi confirmed to court that some officers told him that the tape recorder in the form of a pen, had some high security information.

The witness further said the recorded content on the device was transferred into a CD which he identified in court as part of his evidence.

He testified that he sourced the device from the Directorate of Inteliigence and Security Services because such device was not readily available at Kutlwano Police station.

Detective Superintendent Zhibi further testified that he got an information from a certain Mr Kesupile, who was a police officer, to the effect that the accused had an appointment with the pastor so he sourced the device in order for the pastor to record their conversation.

He testified that initially the investigators have tried to interview the accused but he refused with the evidence therefore recording him was the only option.

He submitted that the accused was served with a copy of the CD which was reproduced by the police and was played to Pastor Socks to confirm its contents.

Earlier, Pastor Socks testified under cross-examination that the device that he used to record the conversation between Mojanki and him was in the form of a pen.

He testified that he did not play the device to check whether it had some other recordings (contents) before he recorded their conversation.

But Defence Lawyer Kgololesego Segabo put it to him that there was that possibility of a voice over given the modern technology.

He further testified that the accused did not have the knowledge that he was recording their conversation.

The case was postponed to May 3 for a ruling on whether the recorded evidence was admissible in court or not. ENDS