24 Nov 2021

Mooketsi Mojalemotho reports Witness number 28 - Detective Warrant Officer I Patrick Mafwila (NAMPOL) Detective Mafwila, who is NAMPOL crime scene investigator and has been with police force for 17 years, led technical evidence that immediately set him on a collision cause with Major Joshua Gabothuse of the BDF Military Prosecutions and DPP Deputy Director Mr Wesson Manchwe.

His statement that he believed Cassius Mwala and Meshack Mahela when they told him they were able to clearly see from 1.6 kilometres away in Namibia -using a point .22 rifle mounted telescope -events as they unfolded on the Botswana side, drew fire from Gabothuse.

“The effective range of a Point 22 rifle is between of 150 and 200 metres and you are here telling this honourable court that someone from a range of 1.6 kilometres was able to observe and tell little details of what transpired after the shooting incident of November 05, 2020?” he rejoined Mafwila said he had not verified about the effective range of the telescope.

“You have also told this court that the Pathologist who performed post-mortem on the four deceased persons in Francistown had explained every wound that was on each of the deceased persons to the hearing of all the people that were present including yourself.

One would therefore wonder why you would not take advantage of the opportunity to ask about the bruise that you claim you saw below Ernest Nchindo’s left eye,” Gabothuse continued with the onslaught. In reply Detective Mafwila said he was not in a position to talk about the matter with the pathologist.

Major Gabothuse’s second volley came after Warrant Officer Mafwila had claimed in his answer to one Mr Matengu Simushi, that the bruise could have been due to assault meted upon the deceased person.

Mr Manchwe took over from Mr Gabothuse and grilled the officer over his statement that he was denied opportunity to take pictures of the deceased, as was best practice.

He said only a fellow detective from Botswana, Inspector Michael Josiah was allowed to take pictures of the entire process, he said.

He could not provide a reason why he did not demand to take picture also.

But Mr Manchwe was shocked even more by the fact he expended so much energy talking about the bruise on Nchindo’s eye, yet omitted the apparent pealing of the deceased’s back and the thigh area.

Finally Detective Mafwila, who had to be taken through the photographs that were taken at Nyangagbwe hospital admitted to seeing the skin condition of the deceased. He also admitted that all the albums bearing the pictures of all the four deceased persons were a true reflection of the post-mortem that was carried out in the city of Francistown.

That answer appeared to give him a much-needed respite from the barrage of questions. Ends