Magistrate orders investigating officer to appear before court
23 Nov 2021
The prosecution team in a case in which one Karabo Magogodi is accused of stock theft has been ordered to call the investigating officer to corroborate their argument that the accused person has another case of stock theft to answer.
The order was made by regional magistrate south, Mr Masilo Matlhake after the prosecutor, Sub Inspector Barulaganye Tiase of south division headquarters argued that contrary to the accused person’s claim that he missed his mention because he was sick, he was actually in remand for a different case of stock theft.
Sub inspector Tiase said he did not have the evidence readily available and Mr Matlhake ordered that a later date be set for the investigating officer to come and confirm or deny the prosecution’s statement.
Sub inspector Tiase had informed the court that the accused, who appeared for the setting of trial dates, had absconded from court since July. Called upon to explain his absence, Magogodi claimed that he had been ill since June, getting in and out of hospitals and being given sick-leaves one after another.
“I have actually been a sickling from June and got slightly better in September. On July 07, the day I was supposed to appear for mention I was at the clinic sick and put on drip, but I did not have time to ask for a sick leave,” he said adding that some of his sick leaves were a week long.
He, however, explained that between his sick leaves, he had been making efforts by going to the Kanye magistrate, which was the nearest for him, to ask the court clerks to check for him his appearance dates in Jwaneng.
“It is unfortunate that I cannot recall what they told me, but it is very likely that the dates coincided with my sick leaves. I also made efforts to call Jwaneng to ask about my appearance dates,” he said.
He admitted that the case was not the only one he had, as he also had other cases in Lobatse and Kanye. He, therefore, pleaded with the court to have mercy on him for failing to honour the last mention date.
The accused also complained that the prosecution had failed to furnish him with relevant documents that would help him prepare for his trial despite an order having been issued by court. However, Sub Inspector Tiase wondered why the accused did not raise the issue previously when trial dates were set.
He said according to his knowledge, the accused was furnished with all the required documents, to which Mr Matlhake advised that they should always sign when exchanging documents so that there would be tangible evidence rather than just word of mouth.
Sub Inspector Tiase also said he would liaise with their photographer to provide copies of photos of the meat that the accused was allegedly found in possession of. Magogodi will appear again this Thursday for a date with the investigating officer as the court ordered. Meanwhile the court granted the prosecution its wish to discharge without prejudice the second accused, Ms Olerilwe Raloja who will now turn state witness.
The duo and two others not before court are accused of having stolen two cows valued at P9 000 belonging to Oabile Matladi at Seletse cattlepost near Jwaneng, in March 2018. ends
Source : BOPA
Author : Olekantse Sennamose
Location : JWANENG
Event : court appearance
Date : 23 Nov 2021







