12 Nov 2020

Crime scene investigator, Sub Inspector Modiri Koti, says the investigating team has packaged a pair of brown timberland boots belonging to Jabulani Dube, one of the two accused persons in the murder of former MP, Mr Isaac Davids. 

Giving evidence in chief at opening of the trial before Justice Michael Leburu of Gaborone High Court on November 10 Sub Insp. Koti said he was the one who collected all the exhibits at the scene before taking them to the laboratory for analysis.

Under cross examination by Counsel Bathusi Brown, the defence attorney for Dube, Sub Inspector Koti maintained that the pair of timberland boots that he presented as part of the evidence in court belonged to the first accused person. 

Mr Brown said even though the witness said he had packaged a pair of brown timberland shoes, surprisingly the shoes had changed colour, as the ones being presented before court were black.

The witness said he packaged brown timberland boots at the scene of the incident and it was not possible for a wrong items to be retrieved from the package, said defence attorney. 

On the contrary, Sub Inspector Koti said, ‘I do not know what chemicals were used at the forensic laboratory, that could likely change the colour of the shoes. I do not believe they are black, I still maintain that the shoes are brown.’ 

Counsel Brown asked the witness to clear the confusion surrounding the colour of the shoes (exhibit) that was before court. 

Sub Insp. Koti confirmed to the court that since their collection from the scene of the incident the exhibits that were presented before court as part of his evidence had changed custody. 

He said after collecting the exhibits from Sorilatholo, where the murder incident happened on January 14, 2018, he handed the exhibits to Sergeant Mapeu at the forensic laboratory. 

He added that since then, the exhibits were under custody of Letlhakeng police station.  “I do not know the officer who took the exhibits from the forensic laboratory to Letlhakeng olice,” he said. 

Still under cross examination, Counsel Opeyemi Ajayi representing the second accused person (Mokgalemi Maleya) had asked the witness to explain why he lied to the court even though he had taken oath swearing before court that he will tell the truth. 

“I am not lying to the court,” he said.

As part of his job as a crime scene investigator, Sub Insp. Koti also documented the scene of the event by taking photographs. 

In one of the photographs in the photo album, Sub Insp. Koti said the pictures showed the location where the accused person was. He also revealed under cross examination that when he arrived at the scene incident, the deceased was not there, as he was taken to the hospital. 

Mr Ajayi said the witness had presented the photo album as a recollection of what he saw and never mentioned that some of the photos were taken based on the evidence that was gathered by some members of the investigating team who arrived at the scene earlier. 

Sub Insp. Koti said exhibits packages were sealed to avoid chances of tampering with them. “I do not know the number of people who had contact with the exhibits after they were taken to the laboratory for examination. If it happens that a witness will come before this court with evidence that they have tampered with the exhibits, I will not be in a position to dispute their evidence,” said Sub Insp. Koti.

In his evidence in chief, Sub Insp. Koti of Molepolole Police Station, said with the assistance of Constable Gaokwalwe of Letlhakeng, he documented the crime scene by collecting blood samples and then proceeded to Sorilatholo where the two suspects were held in custody. 

“I observed that the clothes they were putting on were stained with blood and therefore, I advised the investigating officer, Detective Superintendent Lentigetse to seize the blood stained clothes that were worn by the accused persons,” he said.He said that the investigating team also seized a butcher knife from the first accused person and an okapi knife from the second accused person.

Sub Insp. Koti said the blood stained clothes and knives were packaged and sealed at Letlhakeng Police Station and taken to the Botswana Police Forensic Laboratory for analysis. The trial will continue on July 12-16, 2021. ends