Double murder accused demands library, internet access
Keto Segwai | Monday September 4, 2023 09:59
In what is considered a novel application, the double-murder accused also says he has the right to be an active participant together with his pro deo lawyer in the trial.
High Court Judge, Godfrey Nthomiwa has instructed both the defence and State lawyers to research further on the application made by double-murder accused, Moabi, before adjourning the court here on Wednesday morning.
They are to make presentations before the court on October 12. In a court hearing on Wednesday, Kebonyekgotla Lesego Phoi of Phoi and Associates who appeared for Moabi informed the court that the accused had filed his heads of argument.
The accused was appealing to be provided with access to the facilities to prepare for his defence; and to be allowed to actively participate by conducting his trial side-by-side with his attorney. Phoi emphasised that this was critical as the accused faced serious capital offence that could lead to execution. According to Phoi, such facilities include access to library and internet services in addition to the normal routine of provision of witness statements and related documentation.
He argued that these are envisaged under section 10 of the Constitution. The State was represented by Dimpho Ogotseng of the Directorate of Public Prosecutions (DPP), who pointed out that not all rights are absolute as by being remanded curtails some rights. He further argued that the accused is expected to participate through his attorney, whom he regularly briefs.
And that his lawyer can also carry out research on behalf of the accused. Phoi had however, invoked the Prisons Act which he said calls for the provision of libraries in all of the country’s prisons; and that given the evolving times that should also cover the provision of internet services which are no longer luxury items. But the prosecution highlighted to possible security threats; cyber and otherwise posed by the applied for access to facilities and that the active participation of the accused is likely to lengthen the trial period. Ogotseng proposed that instead the status quo in both researching through the attorney and use of lawyer representation be maintained.
Acknowledging that this could be a novel case, Justice Nthomiwa raised concerns on the role of the accused versus that of the pro deo counsellor. He questioned whether the two-tier approach, in which the represented and the representative are both active, is possible. “Has this happened anywhere in Botswana or neighbouring countries? The system is being challenged and we have to come-up with a definite answer,” noted Justice Nthomiwa. He thus adjourned the court and instructed the two parties, the prosecution and defence, to research the matter and present before the court on October 12. Moabi faces charges that include murder, house break-in, obtaining by false pretence, and unlawful use of motor vehicle.
The now 43-year man of Matlapana ward here is alleged to have broken into his mother’s home (Kehetwe) on June 29, 2020 and murdered her with an axe. After the gruesome killing, he allegedly drove his mother’s vehicle to a filling station in Maun where he refuelled before fleeing without paying. He is alleged to have driven about a thousand kilometres to Ramotswa where he broke-in to his ex-girlfriend home while she was away at work. On return from work, the 24-year-old nurse at Bamalete Lutheran Hospital met her untimely death. The deceased, Kabelo originated from Molepolole. The murder accused was denied bail by Professor Bugalo Maripe in August 2021 following a spirited objection by State prosecutor Bezi Seralanyane who maintained that he would interfere with the witnesses, mostly his relatives who live in fear of him. Seralanyane at the time argued that the evidence gathered by the investigating team would prove the murder accused had a motive to commit the crimes as he stood to inherit the deceased’s properties.