06 Jul 2022

Prosecution witness, Superintendent Kedibonye Khutsafalo does not recall if action was taken against Hamadi Mkhuha, who was caught in possession of a cellphone in his cell room at Gaborone Central Prison.

Giving evidence at the ongoing murder trial before Judge Michael Leburu at Gaborone High Court on Monday, Superintendent Khutsafalo revealed that it was unlawful for an inmate to possess a cellphone, therefore disciplinary action must be taken against such a person.

“I believe action was taken against him because Prisons Act is against possession of contraband by inmates. I do not recall if Mkhuha was asked to write a statement relating to the incident.

He did not disclose he was using the phone to communicate with his family,” he said.

Second accused, Mkhuha, a Zimbabwean national alongside Ernest Legwale (first accused) and another who whose whereabouts are unknown, are on trial for the September 10, 2015 murder of one Thato Meswele at Oodi.

Superintendent Khutsafalo revealed that on August 8, 2018, while stationed at Gaborone Central Prison as a rehabilitation officer, he received a phone call from Detective Senior Superintendent Sergeant Marapo, an investigation officer in the murder case, alleging that Mkhuha was suspected to be in possession of a cellphone.

“Mkhuha was summoned for questioning and did not deny possession of a cellphone.

He went to his cell where he retrieved an Alcatel cellphone and handed it over to the prison officials, who were accompanied by Detective Marapo and his colleagues,” Superintendent Khutsafalo said.

Superintendent Khutsafalo said upon questioning, Mkhuha said he was using the cellphone to communicate with Legwale, who was out on bail.

“He further said Legwale was the one buying him airtime.

I never questioned him about where he got the phone,” he said.

The witness said that the cellphone was confiscated by Detective Marapo and his team.

Legwale who originates from  Phaphane ward in Mochudi is alleged to have plotted to murder his ex-wife (Dimpho Meswele), alongside two Zimbabwean men, Mkhuha and another still on the run.

Particulars of the offence are that Legwale allegedly hired hit men (Mkhuha and another not before court) who accidentally murdered the wrong person being Thato Meswele, younger sister to Legwale’s former wife, Dimpho.

The two accused persons and another, who was still on the run, are said to have on or about September 10, 2015 at or near Oodi, in the Kgatleng District, acting jointly and with a common purpose, unlawfully assaulted

Thato Meswele, thereby inflicting serious injuries on her, from which the said Thato died on September 14, 2015.

It is alleged that fateful  morning Dimpho’s younger sister, Thato went outside the house preparing to go to work and was hit by assailants with a hard object on her head, sustaining a deep wound.

The trial is ongoing and Dimpho Meswele is currently giving evidence. Ends