The accused persons are: Modiredi Modise, 34, a local police officer based at Boatlaname Customary Court, Montshwari Ramatebele, 35, based at Thamaga Customary Court, Loeto Morwaagae, 34, of Kumakwane local police and Gontse Mangundu, 23, of Old Molepolole Police Camp.

DPP has filed documents off record requesting that the four accused police officers be committed straight to the High Court without the magistrate making a determination on whether the state has enough evidence against them.

But their attorney, Busang Manewe, told the court that they would accede to the DPP's request only if the clients' liberty would not be withdrawn. "Now that the DPP has decided to take a shorter route, we are at the position that we accede for committal to the High Court and not to prison," Manewe said.

He further submitted that the DPP's decision not to articulate their case at a preparatory examination stage, would be unconstitutional if his clients were sent to prison awaiting trial.

"It will be unconstitutional for someone to lose his liberty just because the DPP has ordered that they be committed," Manewe said.

He argued that if the DPP wants his clients to be committed for trial and custody, then he would insist that the preparatory examination be held so the magistrate makes a determination on whether the state has a strong case against the accused.

Manewe cautioned that there would be serious consequences if the court were to follow DPP's word blindly. He added that he acceded to DPP's request because the statements that were filed off record did not connect any of his clients to the offence.

He also told the court that even if the case were to continue before the magistrates court, he was prepared to admit all the statements filed off record by the DPP and apply for 'no case to answer' for his clients.

In reply to Manewe's submission, Botswana Police officer Zacharia Tshwenyego somersaulted from the decision of the DPP and told the court that they would consider holding the preparatory examination before committal to the High Court.

However, his submission did not go down well with the Manewe who immediately rose to object to Tshwenyego's submissions, arguing that they (submissions) ran in contradiction with documents filed off record.

Magistrate Setlhabi then told the court that she would make a ruling on the submissions made by both parties.

The accused persons, who were attached to the Stock Theft Unit, are alleged to have murdered David Mongae on or about March 5, at or near Motswaiso and Gatalathuthwa turn-off in the Kweneng District while investigating him for stock theft.

In another case, the Francistown Magistrates Court arraigned a 32-year-old Mater-Spei College teacher for giving false information to a person employed in the public service.

It is alleged that Muzila Nelson Muzila on August 1, 2004, at Francistown Central Police Station, gave a police officer false information that a Mazda sedan registered was involved in a hit-and-run accident near SSS Bar in Francistown, which information he knew to be false and thereby caused the police officer to prepare a police report,  which the said officer would not have prepared had the true facts been known to him.  The accused pleaded not guilty to the charge and will appear for mention on December 9 to set trial dates.