13 Oct 2024

Broadhurst Magistrate Court has set January 21, 2025 for status update in the trial of Moagi Letsholo, Leufty Kosie, Outlwile Aston and Kebaleboge Ntsebe.

The quartet are accused of murdering Ms Barulaganye Aston on July 14, 2022 in Kopong.

Broadhurst Magistrate, Ms Jobbie Moilatshimo on Thursday said since the substantive prosecutor was not in court to give status of the case in relation to finalising its committal to the High Court for trial, the case would be postponed to accord the prosecution time to finalise committal documents.

Meanwhile, the first accused person, Letsholo has told the court that in the last mention he had requested to meet with the Investigating Officer regarding some valuables seized from him at the time of his arrest including cash and jewellery.

Letsholo said since the investigations were complete and it was clear that such valuables were not material to the case, he was appealing for their return.

Ms Moilatshimo however advised the accused person to make his application in the presence of the substantive prosecutor, who would accordingly respond to the request and even engage with the Investigating Officer.

In another case, Rebaone Kgaboemang appeared before Magistrate Moilatshimo charged with a single count of rape.

The rape incident was said to have occurred on October 30, 2021 in Gabane.

Giving evidence, Mr Boikanyo Khaphesia of Botswana Police Service Forensic Unit said on December 12, 2021, two samples bearing the name of Kgaboemang were received from Mogoditshane Police station being a sexual assault kit and other evidence retrieved from the victim.

Mr Khaphesia said as per request of the Mogoditshane police, the two samples went through DNA analysis. He said the test was to determine DNA profiles of the two samples and compare it to that of the accused person and the victim.

He said the DNA sample that was retrieved from genitals of the victim did not match with that of the accused persons.

Mr Khaphesia said it was possible for a no match to occur since the DNA traces were easily destroyed in case the victim had taken a bath after the alleged rape incident and if the sampling was done long after the incident.

He added that in some cases the sample from the victim could not match that of the accused which meant that there was no sexual activity at all or that the alleged perpetrator might have used a condom in committing the alleged rape offence.

In his defence, Kgaboemang did not deny having sexual intercourse with the victim, instead he said the sexual act was with consent.

The accused said he had known the victim for over three years as a personal friend and a drinking partner with whom he often went out on drinking sprees, adding that he was also closer with the complainant’s elder sister.

Kgaboemang told the court that he had used a condom during the sexual act, while the complainant on the other hand had indicated that the sexual act was done without protection.

He said the alleged rape occurred at his house. The case has been set for November 14 for final submissions. Ends