18 Nov 2021

Jwaneng magistrate court has ordered the prosecutors in a case of defilement, to look into the age of the accused person, at the time of the committal of the alleged offence, to avoid any chances of manifest injustice.

Jwaneng senior magistrate, Ms Caroline Kataba made the ruling on Monday in a case in which Ontekanye Kgaogano is accused of having had carnal knowledge of a person under the age of consent, between December 2017 and September 2018.

The order came after the prosecution, led by sub inspector Moses Maribe, indicated in the charge sheet that the exact date of the committal of the offence was not known.

Ms Kataba therefore advised the prosecution to look into the accused’s age, who is currently 22, to clear whether he himself was not a minor when he allegedly committed the offence.

The particulars of the matter are that Kgaogano had carnal knowledge of someone below the age of consent in between the said period near Lefhoko village.

The prosecution has indicated that they will call a total of six witnesses, including the complainant, her younger sister, who allegedly witnessed the act and reported to the mother, as well as the guidance and counselling teacher to whom the matter was reported.

After being furnished with the prosecution’s witness statements, the accused indicated that he agreed with all but one of them, a move that he was advised against by the court as it would have meant that the prosecution would have to call just that one witness, thereby depriving him of a chance to cross examine all the other witnesses.

Kgaogano will appear for mention on March 09 next year.

Meanwhile, Sergeant Netty Kesekang, stand in prosecutor in a case in which five men are accused of murder, informed the court that the prosecution had completed recording statements from all witnesses.

The quintet; Jacob Mochanang (40) of Sekoma, Onalenna Thwabi (31) of Sese, Oabile Kabelo (18) of Kumakwane, Kitso Letshubamotse (27) of Sese and 23-year -old Moeti Bafetoleng of Ditshegwane are accused of murdering Monametsi Ramosomane, at Kadue lands near Jwaneng, on October 01.

Sergeant Kesekang however, pleaded with the court to remand Thwabi and Bafetoleng as they had failed to pay the P2 000 set as one of the bail requirements.

Thwabi however, pleaded with the court to vary his bail requirements and exclude the monetary factor, indicating that neither he nor his relatives were working to afford to bail him out.

He was however, advised to put his plea in formal writing for the substantive prosecutor to duly respond, even though sergeant Kesekang was still adamant that the requirements should not be varied as it would be unfair to fellow accused persons, who had already paid the bail amount.

She also said that murder was a serious offence, whose bail conditions should be stiff.

However, magistrate Mpho Setshegetso reasoned that requirements could be set independently for each accused person, looking at what they could afford.

The quintet would appear again for mention on the November 29. ENDS