08 Dec 2022

The state has made an application to compel the four men accused of kidnapping, robbery and motor vehicle theft to provide blood samples to further its investigations.

The state attorney, Mr Mmapatsi Tshimologo submitted before Broadhurst magistrate, Ms Onkarabile Mokone on Tuesday that the four accused persons, Tebogo Moahi, Karabo Potsoeng, Otsile Masala and Tlotlo Williams had rejected to voluntarily provide their blood samples when requested.

He said the state was therefore left with no other option but to plead with the court to force the accused through an order.

Mr Tshimologo said the application of extracting blood samples from the accused persons was provided for by the Forensic Procedures Act.

“What the state requires is legal and there will be no prejudice on the side of the accused persons,” Mr Tshimologo said.

He added that the blood samples would assist the state to conclusively make investigations, adding that there were materials that the accused persons had come in contact with and the state would need their DNAs.

However, the defence attorney Mr Ofentse Khumomotse said the application was inappropriate as it was brought when the accused persons had transcended from being suspects to be accused persons.

“An accused person has the right to remain silent throughout, he has no obligation to participate on an investigation against himself.

The only obligation is for him to provide his names and addresses,” said Mr Khumomotse.

He said the state had the obligation to prove that an accused person had committed an offence, adding that an accused person could not prove his guilt or innocence.

“It is them alone who must investigate without his or her cooperation or assistance,” he added.

Mr Khumomotse said the state had slept on its own rights, as they could have asked to extract samples when the accused were still under investigations.

As such, he said the application was incompetent as it had been brought late.

However, Mr Tshimologo stated that the application was in order as investigations into the matter were ongoing.

“These four men are being suspected of having committed an offence or being accused of having committed an offence.

These men are suspects, they are accused persons, it means the same thing,” he emphasised.

The four are accused of robbing and kidnapping a Chinese woman from BTF Furnishers and kept her hostage for four days as well as robbing others and stealing a motor vehicle.
Magistrate Mokone will deliver the ruling on December 20. ENDS