Chief magistrate reinstates case
23 Feb 2014
Molepolole chief magistrate, Ms Faith Dlamini N’gandu has agreed to reinstate a case in which five Molepolole men were charged with two counts of injuring Morris Sekgee and Tiego Charlie at Diagane lands in March last year.
Magistrate N’gandu had dismissed the matter two months back on the basis that the prosecutor Tshiamo Montshiwa had failed to provide video footage from Botswana Television (Btv) as additional evidence of what transpired during the day in question.Ms N’gandu made an order compelling Btv to provide footage of the event .
The five accused, Masego Phuduhudu, Setoba Kgalaeng, Balimi Kgalaeng, Badisa Kgalaeng, and Atamelang Molwapula are said to have unlawfully caused grievous bodily harm to Sekgee by hitting him with sticks all over the body.After pleading not guilty to the charges the accused were granted bail in their own recognition.
They were warned not to interfere with prosecution witnesses as well as not to be involved on incidents where violence is an element.The prosecution was expected to call eight witnesses when the case resumes.
Meanwhile magistrate N’gandu refused to accede to the withdrawal of a matter in which two men aged 24 and 26 of Molepolole were each charged with two counts of burglary and theft, and stealing from a dwelling house belonging to Mr Lemogang Ngwako.The two broke into Mr Ngwako’s house where they allegedly stole a shot gun and 23 live rounds of ammunition valued at P5 160.
Mr Ngwako wanted the matter withdrawn because he had reconciled with the accused’s parent who paid him P1 500 and that he has been able to recover his gun in good condition.Ms N’gandu rejected the withdrawal of the matter, arguing that there was great concern about the increasing rate of robbery cases in resulting from stealing of guns.
She said reconciliation cannot be decided by the complainant, but could only succeed when all concerned parties have reached an agreement.She denied withdrawal of the case and warned the complainant that he would still be required to testify against the two accused persons as a state witness. ENDS
Source : BOPA
Author : Kebaeditse Baitlotli
Location : GABORONE
Event : Court case
Date : 23 Feb 2014






