28 Sep 2022

The prosecution in the murder case of Ms Barulaganye Aston says forensic results have revealed that the victim was sexually assaulted, prior to her death.

The quartet of Oageng Moagi Letsholo, Leufty Gaolemogwe Kosie, Outlwile Aston and Kebaleboge Ntsebe are charged with the murder of Ms Aston at Mogampane ward in Kopong on July 14 this year.

The prosecutor, Ms Keletso Ookeditse on Tuesday told the Broadhurst Magistrate Court that all along, the four accused persons were facing a single count of murder, but the forensic results had revealed that the victim was also sexually assaulted.

Therefore, Ms Ookeditse said even though the prosecution was eager to complete the investigations on time, the results of the post mortem had revealed another criminal act that they were to look into, and therefore, likely to stall the investigations.

During the previous court appearances, the prosecution had revealed that they were yet to interview their potential witnesses and that some of them were to undergo counselling prior to recording affidavits.

Ms Ookeditse said it had now transpired that one of the potential witnesses, a minor, who was undergoing counselling after witnessing the gruesome killing of the victim, might also have witnessed the rape.

 Therefore, she said though the court was urging the prosecution to complete its investigations, which included recording of witnesses’ statements, it must equally appreciate the trauma that some of them encountered and as such caution must be exercised in handling them.

Responding to the prosecution report, the attorney for the second accused person (Kosie), Mr Kagisanyo Tamocha said the prosecution had not provided time lines of when they were expecting to conclude their investigations.

Mr Tamocha said the situation was negatively impacting on his client, as he will continue to be remanded in custody under the belief that the investigations were ongoing. Therefore, he urged the court to intervene and set timelines for the prosecution to finalise its investigations.

 Mr Unangoni Tema, representing the third accused person Aston, concurred with his colleague in defence that the state must have a timeline to conclude its investigations, which included counselling of accused persons and recording statements. Mr Tema said under the current circumstances, his client was suffering prejudice as he was continually remanded in custody, though having a right to be given bail.

Having heard issues raised by both parties, Magistrate, Ms Jobbie Moilatshimo directed the prosecution to speed up its investigations. Ms Moilatshimo said the prosecution must expedite counselling of witnesses and recording of their statements. The remand warrants for Letsholo, Kosie and Aston were thus extended and the case will mention on October 10. ENDS