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Accused denies causing Davids death

27 May 2024

Gaborone High Court has been advised to take with a pinch of salt evidence by the second accused Mokgalemi Malea who is denying what has been recorded in his confession statement in the murder of Mr Isaac Davids.

Malea and Jabulani Dube, a Zimbabwe national are accused of murdering the then Member of Parliament for Mochudi East Mr Davids at Sorilatholo on January 14, 2018.

During cross examination on Friday, Dube’s attorney, Mr Bathusi Brown accused Malea of presenting evidence tailored to make his client the sole culprit. “You seem to be choosing what is convenient to you,” he said.

Mr Brown said even though Malea told court that Dube had stabbed the deceased many times on the abdominal area using two knives, the pathologist record showed one stab wound on that area, clearly showing that his evidence amounted to nothing but clear fabrication against the first accused person (Dube).

Malea (40) of Goo-Moeng ward in Ramotswa, a former herdboy under Mr Davids employ at Lematswe cattle post near Sorilatholo had revealed that on the day of the incident, the deceased was not the first aggressor.

However, he started the physical assault by slapping Dube, who had hurled insults towards him in reaction to his request that his horses be taken back to the cattle post.

“I cannot even tell if the deceased looked fuming on his arrival at Neo’s place at Sorilatholo. I did not pay attention to such details,” said Malea.

Malea also described the late Mr Davids as physically well-built, tall individual he could not match. Responding to a question from the prosecutor, Mr Pascal Mhandu, Malea denied killing the deceased, though not disputing that he could have died from stab wounds.

 He said the pathologist was better placed to determine the cause of death and if his knife inflicted the wounds that allegedly caused death. Malea had worked for the deceased since March 2017 and said prior to the day of the incident, his relationship with the deceased was cordial adding that he was not aware that the deceased was against his horses being taken to Sorilatholo as such an incident never happened before.

 He said even though he stabbed the deceased at a time when he was not holding any weapon, he did so to defend himself. Malea also added that Dube sat on top of the deceased and stabbed him with two knives.

He said even though Dube got the two knives that he used to stab Mr Davids from him, he did not support his actions.

“I was not in agreement with him. He was in a furious mood and I could not even stop him when he approached me to get my knife,” he said. Giving evidence guided by his attorney, Mr Opeyemi Ajayi, Malea explained that he gave a confession statement to a Magistrate at Molepolole after the incident.  He disputed what was presented by Dube, saying he did not stab the deceased on the chest and back.

“I only stabbed him once on the left thigh and it was the only part of the body where I had stabbed him,” he said. He concurred with his co-accused that he brought the horses to Sorilatholo from Lematswe cattle post to drive stray cattle that were spotted in the village.

 Prior to Mr Davids’ arrival, Malea said the deceased called Dube twice on his mobile phone, but he (Dube) ignored the calls. Malea said when the deceased arrived at Neo’s place in Sorilatholo, they were still imbibing traditional brew in the company of other residents, while the horses were tied to a tree.

He said when the deceased asked him to take the horses back to Lematswe cattle post, Dube started hurling insults at him, threatening to take action if he did not pay them. Reacting to the words, Malea said the deceased slapped Dube, and Dube stabbed him on the back and chest.

Following the stabbings, Malea said the deceased pulled out a log from the fire place and used it to assault him, probably for not heeding his instruction that he must take the horses back to the cattle post. Malea said the deceased shouted at his companion, asking him to bring a gun.

“He tried to kick me while I was still dizzy from the beating, that is when I pulled out my Okapi knife and stabbed him on the left thigh. I was hurt by the beating,” he said.

The case will continue on July 18. Ends

 

Source : BOPA

Author : Moshe Galeragwe

Location : Gaborone

Event : Court case

Date : 27 May 2024