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Witness prosecutor clash over questioning

20 Sep 2024

 A key defence witness in the P2.3 million Turnrite Mall cash-in-transit robbery clashed with the prosecutor over the line of questioning, when cross examined in court.

The witness, Tebogo Tsekane (41) who was giving evidence for Mothusi Matomela, accused the prosecutor, Mr Ambrose Mubika of digging too much into his private life over the testimony he had brought before the court. “I am here for what I witnessed, not for him to dig into my private life,” a furious Tsekane said, before threatening to walk out of court in protest. 

The witness’s aggravation came from Mr Mubika’s mention of his past life and brush with the law.

“Mr Tsekane, confirm to me that you are serving a 10-year sentence for having been found in possession of a habit forming drug,” Mr Mubika said to which the witnesses confirmed amid discomfort. Mr Mubika told the witness that he was not a law abiding citizen and asked the witness to interpret the meaning of his ten year sentence for breaking the law.

“I was wrongly convicted, and that case is before the High Court. I am an appealing (against conviction),” he said, objecting to being called a convict and taking further questions on his character. 

The magistrate, Ms Goabaone Rammapudi-Lesedi interjected to show the witness the importance of answering questions of his past life. She said that was for the court to gauge if the witness was credible.  

It was then that Tsakane collected himself and told the court that on the day of the alleged robbery, he was assisting Matomela to tow his vehicle from the area around Julia Molefhe Clinic to around Solomon Dihutso Primary School.

He said just after passing Lamila Lodge, they saw multitudes of people, old and young, crossing the road from left to right as if they were following something, with traffic eventually staggering along the way.

He said the commotion became so intense with various police cars speeding while the police helicopter was hovering close to the ground.

“It was an eye-catching event with cars I have never known to be of the police there…BMW S series with sirens and blue lights and one of the most intriguing moments was to see one of my favorite cars, a lumina SS V8 engine there,” he said. Captivated by the happenings, he said he left Matomela inside the towed vehicle to get a closer view of what had attracted so much attention.  “After crossing the road, I heard a gunshot. It was exciting and I thought I was missing a lot of action. I increased my pace,” he said, adding that he set his eyes on two men in a police van screaming in foreign language and being beaten.

Failing to make sense of what was happening, Tsekane said he talked to the strangers but their efforts to explain were thwarted by the crowd rushing to the other side of the road. As he rushed there to see what moved the crowd, he was appalled to see Matomela screaming, pressed down on the ground and handcuffed by the police.

“I ran out of words, I ran out of thoughts to try to vindicate Mothusi Matomela’s innocence,” he said, adding that the police searched Matomela and obtained three cellphones from his pockets and nothing else.

Tsekane, a former police officer, said there was nothing he could have done to aid his friend from the police arrest, adding that he would later learn that Matomela was arrested in connection with the Turnrite robbery, which he said he was not part of.  He said Matomela was framed by the police out of desperation to make an arrest. Matomela, Thapelo Lekobe, Mzwandile Mazibuko and Ntholephi Elliot Ntshalintshali are charged with robbing a G4S Security vehicle in October 2021. ENDS

Source : BOPA

Author : Bonang Masolotate

Location : GABORONE

Event : High Court

Date : 20 Sep 2024