Double murder case set for March 1
Keto Segwai | Monday December 18, 2023 06:00
The accused, Moabi Molapisi also wants the right to be an active participant together with his pro deo counsellor in the trial.
The case was in court on Thursday (December 14), and the ruling has since been set for March 1, 2024. Justice Nthomiwa said that he was waiting for the defence attorney, Phetsolo Nare of Nare and Company Attorneys to provide the court with Chapter 7, verse 11 from which the latter had quoted extensively.
The chapter is from a thesis by a University of South Africa (UNISA) law professor, Fawzie Cassim entitled: “The Right to Meaningful Participation in the Criminal Process.” Justice Nthomiwa, however, noted that based on the quotes from the defence attorney, “it’s quite an informative chapter” that could assist the court to reach a fair conclusion. Nare undertook to source the required and submit it to the court.
The court is scheduled to rule on the application on March 1, 2024.
In an application that could prove to be novel the accused was appealing to be provided with access to facilities to prepare for his defence; and to be allowed to actively participate by conducting his trial side-by-side with his attorney. In a court presentation previously the defence had emphasised that this was critical as the accused faced serious capital offence that could lead to execution.
The defence had argued that such facilities include access to library and internet services in addition to the normal routine of provision of witness statements and related documentation. These are envisaged under section 10 of the Constitution, the defence had argued.
The state had, however, pointed out that not all rights are absolute as by being remanded curtails some rights. It 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.
The defence had however, invoked the Prisons Act which they 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 application for access to facilities and that the active participation of the accused is likely to lengthen the trial period. It instead proposed that the prevailing status quo in both researching through the attorney and use of lawyer representation be maintained.
Justice Nthomiwa had 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. Moabi Molapisi 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 in Maun is alleged to have broken into his mother’s home (Kehetwe Molapisi) 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, Gofiwa Laone Kabelo originated from Molepolole.
The murder accused was denied bail by Justice 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 lived 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.