30 Mar 2023

Former police officer, Atholang Mujangi has asked the Court of Appeal to purge an audio confession statement he made before a pastor regarding the murder of Bakani Socks in 2014.

The appellant according to court records confessed before a pastor that he killed Socks who was his ex-girlfriend hence the pastor reported the matter to the police.

However, when appearing before the panel recently to appeal the Francistown High Court decision to sentence him to death, his attorney Mr Kgololesego Segabo said the audio confession contained in a CD format was not procedurally tendered. 

He said the CD was reproduced from a computer and another gadgets, which were not tendered before the court.

“The CD we objected to its production because it was a copy and not properly certified, the contents therein were not in the language of the court,” he said.

He said a confession statement should satisfy the provisions of the law and be made without any undue influence for it to be admitted in court.

Furthermore, Mr Segabo said there was no evidence that Mujangi made the said confession.

“The appellant is saying the person on the recording is not him, but he does not deny having met the pastor on that day,” he stated.

He said Mujangi went to the pastor for spiritual counselling as he was seeing dead people at night and could not sleep, adding that the pastor was not a credible witness as he was related to the deceased.

Further, Mr Segabo said his client did not deny meeting the deceased on the fateful day.

However, he said his client blacked out after the deceased told him he was impregnated by another man known to the appellant, adding that the two were still lovers.

“If the court finds him guilty, the court must find there was extenuating circumstance,” he said.

However, the state attorney, Mr Moagi Ndlovu said there was nothing to discredit the pastor as he categorically denied any relationship with the deceased.

He said the appellant came voluntarily for counselling which led to the confession of sins. Ends