‘Is my client going to be prosecuted for witchcraft?’
Pini Bothoko | Wednesday September 21, 2022 12:20
Tema is representing Outlwile Aston, who is accused of killing his wife, Barulaganye Aston, a teacher butchered at Kopong two months ago.
Aston is charged for the murder of his wife alongside Oageng Moagi Letsholo (46), Leufty Gaolemogwe Kosie (47) and Kebaleboge Ntsebe (42), a traditional doctor. Appearing before Magistrate Jobbie Moilatshimo, Tema said the State alleges that his client (Aston) had a conversation with Ntsebe with the intention to practice witchcraft.
Tema further asked the court if his client was going to be prosecuted for allegedly practicing witchcraft. Tema was arguing for bail application for their clients alongside Attorney, Kagiso Tamocha who is representing Kosie. “Is my client going to be prosecuted for witchcraft while the criminal justice of Botswana and the Constitution do not allow that? Is the court of this magnitude mandated to deal with issues of witchcraft? That statement is not allowed, if at all there was that form of communication. “Is this court going to deny a presumed innocent suspect bail over plans of witchcraft, I don’t think so.
This court should be taken serious and the liberty of the accused person should also be taken serious.
The court cannot deny his bail over these allegations,” stressed Tema. Tema further stated that the State has also filed a supplementary affidavit to the effect that his client was interfering with a key witness. He stated that his client should be judged and treated fairly based on facts not unfounded allegations. “I emphasise on assumptions and unfounded allegations by one Senior Superintendent Oganeditse Thako where he stated to have received a report on August 8, 2022 from one of his officers that a cellphone was seized from my client (Aston).
He doesn’t say, ‘I seized the cellphone from Aston’ and that statement doesn’t even state how that phone got into prison. Who is that officer, we cannot talk of a faceless officer, who recovered that phone if at all it was there.
The prosecution wants the court to deny an innocent suspect bail through assumptions,” Tema said. He further stated that the State also alleges some form of interference with potential witnesses. Tema said the State should first disclose their witnesses or potential witnesses through the court and the latter will put conditions for him not to interfere in any form with those witnesses. “Further, there is also an issue of his children. We have indicated in our papers that prior to Aston’s arrest and torture by members of DIS, he was a resident at Mmopane Block 1.
He was not residing with those minors who are his children. The issue of interference can be resolved by imposing suitable conditions that ensures that he doesn’t communicate or see his children pending this matter; that can be done,” he said. Furthermore, Tema has also submitted that his client was out of town when the offence was committed.
He also stated that there is no doubt that murder is a serious offence but argued that they should treat the matter with the seriousness it deserves. Responding to Tema, State prosecutor, Keletso Ookeditse asked what could be unfounded when a Senior Superintendent who is an overseer of everything that happens in prison revealed to have found the accused person in possession of a cellphone.
“He stated that the accused person was implicated. He was using an unauthorised cellphone in prison on August 8 and on August 18, 2022. What kind of a man is the court dealing with here? He is someone who does not follow rules and cannot be trusted with bail conditions,” she said.
Ookeditse further stated that Aston is not prosecuted for witchcraft but the State is concerned with the interference which extended to the rituals that were performed physically at one of the state witness’s homestead, Gabathuse Blackie (Malelu or Molelu) who is Aston’s brother in law. “We are not concerned with the witchcraft. We are concerned with the interference of possible State witnesses where three other witnesses reside.
We must not only look at this as interference but it includes defiling the rules and that is what we are concerned with. Yes, conditions can be imposed but the issue is will he follow them after what he had demonstrated? The issue of him having a defense is an issue that will be proved during trial before the High Court. It was clearly stated before court that the accused persons were acting together with a common purpose and before the High Court that is when we are going to demonstrate why we were saying they were acting together,” Ookeditse said.
Moreover, she stated that it is not like they do not know the name of the officer at prison but rather chose not to disclose his names for security reasons. Aston alongside other accused persons was further remanded in custody and will appear on September 27.