27 Jun 2022

A case in which Rebonne Makgasane of Moletemane is accused of murdering three people at Mmadiphala ranches near Moletemane in the Bobirwa sub-district has been postponed to August 19 for a ruling on the admissibility of evidence of an independent witness.

Makgasane (33) is accused of murdering Mr Realotswe Kaisara, Ms Segametse Moleele and Ms Maitumelo Makwate in a brutal manner at Mmadiphala ranches in 2016.

He pleaded not guilty to all three counts.

The postponement came after defence lawyer, Mr Reneetse Rabosotho argued that the evidence of Ms Dorcus Pheko, who was called by the prosecution as an independent witness was inadmissible in court.

The lawyer submitted before Judge Bashi Moesi of Francistown High Court that what the prosecution intended to do was bringing an inadmissible evidence through the back door.

He pleaded with court to strike-off evidence of Ms Pheko who earlier had told court that on January 10, she was approached by the Headman of Tsetsebgwe asking her to accompany a team of police officer who were investigating the three murders.

Mr Rabosotho also argued that the evidence of the witness was meant to circumvent the law especially the Criminal and Evidence Act.

He submitted that the investigating team was clearly alive that such evidence would not come through them to court hence they opted to use Ms Pheko.

He submitted that in approaching the village chief, the police were aware that he was a person of influence whom the witness would not turn down.

The lawyer said there was no doubt that the accused person was already in police custody and was handcuffed and leg chained at that time with three police vehicles and a group of police officers.

He said therefore it could not be said he was not under pressure and he freely gave the evidence.

Ms Pheko told court that she was called to be an independent witness when the police officers had escorted the accused to the three scenes of the murder.

She said the first scene was that of the murder of Kaisara.

She said the accused told the police that he used a hammer to hit the deceased on the back of his head and after he fell to the ground he used an axe to finish him.

He said the accused further told the investigating team that he then loaded the deceased into a wheelbarrow before and  dumped  him in a nearby bush.

Ms Pheko told court that the second scene was that of Maitumelo which was at the banks of the Limpopo River.

She said the accused told the police that he tied the accused’s hands to the back using a wire before pushing her alive into the Limpopo river.

She further said the accused also showed the police a place where a crocodile had laid some eggs which was nearer to the scene.

When asked if she saw the said crocodile, Ms Pheko responded that she did not see it but at that time there were visible crocodiles lying on the other side of the river.

She informed the court that the accused then led them to the third scene where she told them that he also tied Segametse Moleele on a tree using a wire.

She said the accused then told them that she smeared glue to the deceased’s lips so that she could not scream.

The witness said the accused then took them to a nearby ranch where he said he had given his girlfriend two cellphones.

However, they could not find the girlfriend as she had gone to the village.

She informed the court that when the accused was showing them what he did, he was not under any pressure from the police.

When the court adjourned on Friday, the prosecution had already called three witnesses to testify from the 15 that was lined up.

The state is represented by Mr Goabaone Motlhagodi of the Directorate of Public Prosecution.

Meanwhile, Judge Bengbame Sechele of the Francistown High Court has sentenced Mogomotsi Legae of Lobatse to death for killing his wife Olerato Legae in 2016. Sentencing the former police officer, the Judge said there were no extenuating circumstances in the murder hence he pronounced that the convict “shall  hang by the neck until he dies and that God should have mercy on his soul.”

Judge Sechele relied heavily on the evidence of the psychiatric doctor who said though Legae suffered from a mild depression, he was able to stand trial.

The convict was represented by attorney Jost Isaac but at the time of going to press it was not yet clear that the defence will appeal.

Legae is the second convict to be sentenced to death by the Francistown High Court since the beginning of this year.

The first is Gobuamang Ntsuape of Ramotswa who was accused of setting his former girlfriend’s mother on fire in Francistown in 2016. ENDS