23 Feb 2014

Superintendent Joubert Kome of Sojwe Police Station has implored the court to postpone the trial of 25-year-old Thuso Mosarwa of Kgosing ward in Lephepe and 38-year-old Montle Mmualefe of Serekelo cattle post due to the unavailability of a forensic affidavit and a photo album.

The two accused persons appeared before Molepolole senior magistrate William Modise.Superintendent Kome said as they had promised that they would serve the accused persons with the forensic affidavit, it was unfortunate that after they collected it, they found that it had some errors that needed correction.

“When we returned it, we were informed that the person who compiled it was in South Africa. A letter has been attached on the forensic affidavit requesting for a corrected one,” Superintendent Kome said.Defence lawyer Mogakolodi Segwagwa of Ngomme Segwagwa Attorneys who represents Mmualefe said he does not object to the prosecution’s plea though he expressed surprise at the fact that the trial was set without the prosecution having served the accused persons with relevant documents.

Mr Segwagwa appealed to the court to relax the bail condition that requires his client to report to Sojwe police every Friday and asked that the accused be ordered to report fortnightly instead.“Your worship, the condition was sonorous and my client managed to comply. I apply that he just mention here in court, if not, he reports every fortnight,” Mr Segwagwa said.

Superintendent Kome objected to the application, saying Mr Segwagwa had not provided the court with substantive reasons why he wants the condition to be relaxed.Senior magistrate Modise said bail conditions cannot be relaxed willy-nilly unless there were concrete reasons raised.

For his part, Mosarwa told the court that he parted ways with his attorney as he was not pleased with his services.Mosarwa also said that he has not been served with the mentioned documents as well as the investigating officer’s statement.

Senior magistrate Modise then closed the case by issuing a warrant of arrest for Mosarwa’s attorney for not informing the court of his absence though he was present when the dates were set.He noted that Mr Segwagwa managed to appear before court though it was his first time and was only informed by his client.

“Mr Ndlovu’s warrant of arrest shall be suspended pending his appearance at the next mention, the 24 of February 2014, failing which his warrant shall be executed,” senior magistrate Modise concluded.Facts before court are that in April 2013, the duo acting together and in concert without claim of right, stole and killed a calf valued P1 500 belonging to Mr John Rantho at Ramakgae lands in the Kweneng Administrative District. ENDS