Court admits witness affidavit
21 Sep 2023
A forensic affidavit in a case in which four men are accused of robbery and illegal possession of fire arms and ammunition has been admitted as authentic before court.
The statement by forensic scientist, Tirelo Moremi, has been a subject of dispute in a trial in which Mzwandile Mazibuko, Ntholephi Elliot Ntshalintshali, Mothusi Alfred Matomela and Thapelo Lekobe are accused of robbing a G4S cash-in-transit vehicle of P2.3 million in October 2021, with the accused persons indicating that the affidavit was not authentic as it was not signed.
Making the ruling on Wednesday, Magistrate Goabaone Rammapudi-Lesedi said that the first affidavit submitted, though not signed, was consistent in content with the second one.
“Both documents are the same except the aforementioned issue of the witness’s signature, therefore the documents are admissible to court. Nonetheless, the defense will have an opportunity to devalue the documents during cross examination of witnesses,” she said.
The dispute over the affidavit started when the prosecution submitted an affidavit by Moremi before the court, only to realize later that it was not signed.
The prosecution then filed a copy of the affidavit which was this time signed by the witness, but the defense raised its concerns on its authenticity.
Meanwhile the court acceded to the plea by the defense attorney, Mr Nkosana Ngwenya for Mazibuko and Ntshalintshali, who had pleaded with the court to order the prisons personnel to allow his clients access to medical assistance, which he said they had been denied for too long.
The four accused persons will appear at Broadhurst Magistrate Court on October 9 for continuation of trial. ends
Source : BOPA
Author : Gaolethoo Kgatitswe
Location : GABORONE
Event : Court appearance
Date : 21 Sep 2023