23 Oct 2023

Murder accused, Ernest Legwale’s evidence is a fabricated story aimed at misleading the court and frustrating the ends of justice, this is according to the prosecutor, Ms Merapelo Mokgosi.

“I want to put it to you that what you have told the court since you started giving your testimony on May 30, 2023 is a fabricated story, a mere after thought,” said Ms Mokgosi on October 21.

She said at a preparatory examination when an application was made to detain the accused person, he admitted knowing about the killing of Ms Thato Meswele.

However, in his response, Legwale denied admitting knowledge of the circumstances leading to Ms Meswele’s death.

“That statement was fabricated by the prosecution,” he said. Legwale added that though the said statement was part of the court records, he still maintained that it was false.

 “Had that record been availed to me on time, I would have taken action.

I only learnt of it when it was presented in court by the investigating officer during trial,” he said.

Ms Mokgosi said Legwale’s averment in relation to the death of Ms Meswele was confirmed and corroborated by other prosecution witnesses in the likes of Messrs Willington Mhatiwa and Moses Morwagole whom he had confided in and their evidence was never challenged in court.

“In his evidence, Morwagole told the court that after the incident you confessed to him when he paid a visit to your place that you were not happy that the men you had sent to Oodi killed the wrong person.

Under cross examination, Mhatiwa indicated that he did not know that you were involved in the incident, until you told him that you hired the boys and even detailing how the job was done,” said Ms Mokgosi.

The state prosecutor said even though Legwale was claiming that all information pointing him to the death of Ms Meswele was false, he had failed to challenge the evidence since the trial began.

Legwale also refuted ever going to a traditional doctor (Mhatiwa) asking him to assist in killing Ms Meswele and her mother.

He also denied borrowing Mr Edwin Molosi’s Toyota corolla. The said vehicle was alleged to have been used by the alleged killers in their trip to Oodi.

However, Ms Mokgosi said part of the case record was Mr Molosi’s evidence who confirmed borrowing Legwale the car, something that was corroborated by Mr Morwagole and Modise Chise.

According to facts of the case, the accused persons reportedly caused unlawful assault of the deceased on September 10, 2015 in Oodi.

They inflicted serious injuries to her head, which resulted in her death four days later.Legwale and Hamadi Mkhuha are on trial for the murder of Meswele, who was a younger sister of Legwale’s former wife, Dimpho Meswele.

The case against Legwale is that he reportedly hired hit men, Mkhuha and another person not before court to murder his ex-wife.

However, the hitmen accidentally killed Thato.

The ongoing case is before Justice Michael Leburu of Gaborone High Court. ENDS