Robbery accused not coerced to confess
09 Sep 2024
The sole survivor of a fire exchange between police and robbers in Phase II two years ago, Tsaone Reboeleng was never denied family and lawyer’s visits by the police and prison officers.
The investigating officer, Detective Inspector Ranto Mmeleki said this on Thursday during a trial within a trial, to determine the admissibility of Reboeleng’s confession statement.
Asked by the state prosecutor, Mr Pascal Mhandu if he was ever aware of the High Court order compelling the police to avail Reboeleng to her family and lawyer following her remand on February 23, 2022, Mr Mmeleki said, “I just came across it in court now”.
He said although he would ordinarily know if the accused person’s family and lawyer had attempted to visit, he was never aware that such attempt was made by Reboeleng and lawyer while she was in custody.
Also, he said the accused person had never indicated that she was uncomfortable with recording a confession statement, nor was she ill-treated or tortured to confess.
“Even in your heart of hearts, you know that the statement was taken in contravention of her rights,” defence attorney, Mr Kgosietsile Ngakayagae said when cross examining Detective Inspector Mmeleki.
Mr Ngakayagae said police had deliberately kept the accused person away from her family and lawyers “She told me she was beaten, tortured, guns pointed at her, threatened and insulted to confess to the crime,” Mr Ngakayagae said, which Mr Mmeleki disputed.
Mr Ngakayagae said his client was subjected to inhuman treatment while in police custody by being forced to sleep on a mat, while nursing stitches from a fresh gunshot wound operation.
He said Reboeleng, who was arrested on the day of the crime, was kept for hours before being taken for medical attention, where she later underwent an operation and interrogated whilst still in pain.
Earlier when giving evidence in chief, Mr Mmeleki said when he was assigned the case, he went to the crime scene where he discovered that the accused person had been taken to Extension II Clinic, but upon arrival at the clinic he discovered that she had been taken to Princess Marina Hospital.
“We found the accused person at emergency under escort by two female police officers in uniform and she was waiting to be attended to by a doctor,” Mr Mmeleki said.
He requested the nurses on duty to find a doctor to attend to her.
He said the accused was hospitalised and discharged on February 25 and she was interviewed on the same day at Central Police Station, hence she was subsequently booked for a confession statement at the magistrate’s court.
Another witness, Sergeant Tshegofatso Motsoko told court that Reboeleng, who was admitted with a wound on her abdomen, was given somewhat special treatment.
“Tsaone Tshegofatso Reboeleng was given special care because a nurse would leave the sickbay daily to go and bandage her,” she said.
She added that Reboeleng was admitted at prison on a remand warrant on February 28 but she never saw her family members nor her lawyers at prison, except the police who fetched her.
Ms Motsoko said when Reboeleng was taken for a confession statement, she never uttered or showed that she did not want to go for a confession. The case will continue on October 14, when Reboeleng is expected to give her own account of her stay in custody. ENDS
Source : BOPA
Author : Bonang Masolotate
Location : Gaborone
Event : Court
Date : 09 Sep 2024







