08 Nov 2022

 One of the defence attorneys in the Kopong murder case, Mr Unangoni Tema has appealed to the Broadhurst Magistrate Court to intervene and urge the prosecution to complete its investigation.

Mr Tema made the appeal on Monday before Magistrate Jobbie Moilatshimo following a request by the prosecutor, Ms Goitseone Molefe for the court to extent the accused persons’ remand warrant.

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

Kosie and Aston were denied bail on September 27, pending finalisation of the investigations. First accused person, Letsholo has not asked for bail and he was also serving a 10-year sentence for grievous bodily harm, while the fourth accused, Ntsebe has been granted bail.

Prior to making a request for further remand of the accused persons, Ms Molefe informed the court that the substantive prosecutor in the matter, Ms Keletso Ookeditse was engaged at Lobatse High Court where second accused, Kosie through his attorney, Mr Kagisanyo Tamocha was appearing to make bail application.

Objecting the prosecutor’s request, Mr Tema said the application for further remand of the accused persons was baseless because it was not supported by reasoning. Mr Tema said one of the reasons for denying the accused persons bail was that the prosecution was yet to interview some of their potential witnesses, one of which was a minor who was still undergoing counselling.

Mr Tema said the psychologist’s report on the status of the said minor witness was received by the court in the last sitting. 

“Today’s mention was meant to interrogate the report. I was expecting to dwell into the report and its effects thereof. The contents of the report are likely to have negative consequences on the liberty of my client’s constitutional rights,” said Mr Tema.

He added that the contents of the psychologist’s report were that the said state witness was not ready to give evidence and would require more sessions.

“The report does not state the number of sessions that will be required to prepare the witness and the duration that will be required to complete the sessions,” he said.

Again, he said it was even difficult to ascertain whether the prosecution would end up using the evidence of the said witness and it was also not clear when they would complete their investigations.

“Therefore the court must exercise its discretion, allow just to be served by admitting the accused persons on bail pending trial,” he said.

In response, the prosecutor, Ms Molefe said issues raised by the defence attorney would be dealt with by the substantive prosecutor, saying “I am not in a position to accede to the granting of bail to the accused persons. I appeal to the court to mention the case on the nearest possible date.”

Conversely, the magistrate has set November 15 as the next date of mention where the psychologist report would be interrogated.ENDS