Mmegi Online :: Debswana acused thief refuses to stand trial
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Last Updated
Monday 11 December 2017, 21:38 pm.
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Debswana acused thief refuses to stand trial

JWANENG: An accused person, Mothusi Mosarwana, shocked the court on Monday when he walked out of the dock forcing the magistrate to postpone his trial to a later date.
By Lebogang Baingapi Thu 21 Apr 2016, 11:44 am (GMT +2)
Mmegi Online :: Debswana acused thief refuses to stand trial








Mosarwana was to stand trial on two counts of house breaking and two counts of stealing from a dwelling place where he stole goods valued at P18,757.95 belonging to his relative Lesego Mosarwana and other goods worth P3,100  belonging to Boiketetswe Ntogang.   He cited poor health as the reason why he should not stand trial.

After being taken for medical attention on Tuesday and certified unfit to stand trial, Mosarwana appeared the following day but told court that he would not proceed with the trial because an order was not issued for him to be given medication after consultation.

Magistrate Odirile Mokgatle however explained that the court is not a hospital and he would not allow the accused to continue with his delaying tactics.  Mokgatle explained that, the law allows that trial can proceed in the absence of the accused if he elects not to stand trial and there will be no cross examination hence the court will reach its verdict without the input of the accused. Even after the magistrate’s explanation, Mosarwana did not make any statement but rather walked out of court. In his earlier appearance, he told the presiding magistrate at that time Segametsi Basinyi, that he was assaulted by the prison warders and he wished to lodge a case of assault against them and pleaded that an order be

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issued that he be taken to the hospital.

He told the court, however, that instead of hospital he was taken to a customary court and flogged for entering prison cells with a cellphone. Nonetheless, trial continued in his absence. Lesego Kebatsetse testified that she received a call from the Jwaneng Mine Control centre during the festive season, that her house was broken into and she was later called by Molepolole police where she identified her laptop, cellphone and clothes.

“Upon arriving at the police, I found the accused person wearing my husband’s shoes, my Debswana jacket and trousers. Though he claimed that he was given the trousers by his brother, I disputed that as female debswana trousers are not similar to those of males”, she explained.

She also mentioned that she identified a bag containing his mine identity card and her husband’s pay slip, adding that the accused revealed that he was also robbed hence there were some missing items.

She told the court that the accused later came with the police to Jwaneng and demonstrated how he gained entry into her house in Unit five. Kabelo Segadimo (20) of Molepolole was found in possession of the said laptop which Mosarwana had pawned with P200, a Blackberry Curve at  P40, together with Adidas shoes at P150. The case continues on May 17,2016.

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