13 Jul 2021

The accused persons in the murder of former Mochudi East legislator, Mr Isaac Davids, have reportedly admitted to killing the deceased, but claimed it was in self-defence.

A judicial officer, who recorded confession statements from the accused persons, Ms Malebogo Khuto revealed when giving evidence before Justice Michael Leburu of Gaborone High Court on Monday that both accused persons admitted taking part in the offence, but that their intentions were not to kill the deceased.

Ms Khuto, who recorded the confession statements from Jabulani Dube and Mokgalemi Maleya on 18 January 2018, following the murder of Davids, said before recording their confessions, the accused were reminded that they were under no obligation to confess.

She said the accused were also informed that the confession could be used for or against them in a court of law, notwithstanding that, the accused offered to confess.

First to offer his confession, was Maleya who allegedly told Ms Khuto that he was never threatened and voluntarily confessed to the crime.

Ms Khuto, who was accompanied by an interpreter during the recordings, said the accused told them that the deceased found them at Sorilatholo, not at his farm as he had instructed them.

The accused reportedly said Davids had instructed them to look for some of his cattle at his farm, as he wanted to sell them and the accused delayed to leave for the farm.

He allegedly said upon finding them at Sorilatholo, the deceased got angry and proceeded to get a log from the fire place and hit Maleya three times.

Ms Khuto, who is now a senior magistrate based in Gaborone, told the court that Maleya informed her that the deceased instructed one of his companions to get a gun from his car.

Upon hearing about the gun, the accused is said to have stabbed the deceased with a knife on the thigh.

Ms Khuto told the court that the statement of stabbing the deceased was corroborated by Dube, who said Maleya fell unconscious hence he, Dube proceeded to stab the deceased with intention to immobilise him.

Dube is said to have admitted stabbing the deceased several times in self-defence, after he was also slapped by the deceased.

She said Dube told her that the deceased had a history of physical confrontations with his workers, adding there was a rumour that the deceased once killed a worker and buried him in the bush.

The accused’s attorneys, Mr Opeyemi Ajayi for Maleya and Bathusi Brown for Dube chose not to cross examine the official.

Earlier, the medical doctor from Letlhakeng Clinic, Dr Sanguluja Kanengay told the court that he attended the two accused persons three days after the incident, adding that they were treated and handed to prison officers.

The state was represented by Ms Thato Dibeela of the Directorate of Public Prosecutions. Ends