23 Jun 2024

An accused person in a matter of robbery, Maitapiso Kgakgamatso chose to remain silent during his trial on Friday citing black of  legal representation.

The decision came despite countless warnings and advice by the court that the stand was likely to disadvantage him in the end.

Magistrate Moremi-Ramakoloi emphasised to Kgakgamatso the risks of staying mum, as it could hinder his ability to challenge any evidence presented against him. 

His decision to maintain silence followed an unsuccessful attempt to delay the trial for seeking legal representation. Moremi-Ramakoloi noted that ample time had been provided for Kgakgamatso to secure legal counsel, expressing concern over his commitment to the trial amidst past delays.

“You have a right to choose to remain silent at your own free will but this will mean that every evidence put against you will be taken as a true refection by this court,” she indicated.

Magistrate Moremi-Ramakoloi also advised the accused that he could participate in the trial and later appeal the magistrate’s decision to continue trial without him having a legal representative at the high court, but Kgakgamatso was not moved.

“It has now come to the stage where the court feels that the accused person is not interested in standing this trial. This is more so that in the past you contributed to further delays by disappearing, and I wonder how you will be able to pay a foreign advocate when you earlier indicated that you could not afford a local lawyer,” she said.

Moremi-Ramakoloi said the accused person’s request for further postponement was now at the expense of progress. 

She said the court had a duty to ensure that the matter reached finality by striking a balance between the constitutional rights of the accused to find a legal representative and those of the larger society.

Meanwhile after cross examining the prosecutions first witness Magdalene Jacoba, Kgakgamatso’s co-accused, Lesego Masilo attempted to have the court dismiss her evidence as he said that it did not connect him with the crime.

He said that Jacoba, who is one of the victims of the alleged robbery, was only trying to place him at the crime scene just because she saw him coming to the scene with the police.

“You are trying to convince the court that I came with the police to the crime scene to demonstrate how I broke into your house, yet all that time you remained inside the house and could not even hear a word of what we were talking about outside,” said Masilo .

He also said the oral evidence of the witness contradicted her written statement as she mentioned a rifle in the latter, yet she did not mention it in the former.

Prior to Jacoba giving evidence, Masilo had attempted to convince the court that there was no need for her to take the stand as he would not cross-examine her became she did not mention him anywhere in her written statements.

However, the court agreed with state prosecutor, Seeletso Ookeditse that prosecution was free to call any witness they felt could help their case, and that the accused person had no say on that.

Masilo and Kgakgamatso are accused of having broken into a house at Tsholofelo in Gaborone in March 2022, where they proceeded to attack the occupants and stole property worth close to P30 000.

The trial will continue on October 7 and 8 when prosecution is expected to call more witnesses. ends