Ndawana To Represent Murder Suspect

| Monday May 26, 2008 00:00

Ndawana, of Ndawana and Company, has confirmed that he will act for Raymond Leshomo, who is jointly charged with Arnold Mashango of the murder of Mario Lottering on May 27, 2006, near Mupane Gold mine in the North East administrative district. Last month he declined the services of pro deo lawyer Charles Tlagae, who was appointed for him.

'Yes I have been appointed as Leshomo's attorney. But I still have to study the statements of the prosecutions witnesses before I make my mind about the case,' said Ndawana who promised to fight in Leshomo's corner with all arsenals at his disposal. He also disclosed that this case has been scheduled for the first week of September. The prosecution is expected to call 28 witnesses.

Leshomo initially dropped a bombshell in the High Court by requesting to be represented by advocates Colin Garvey, Peter Hodes, Brian Spilg and Billy Gundenfinger. The presiding Justice Moses Chinhengo dismissed his application and directed him to sit down with Registrar and Master of High Court and agree on a pro deo counsel who would represent him.

Hodes is Nchindo's advocate in his multiple corruption case. He once represented the Minister of Foreign Affairs and International Cooperation Phandu Skelemani during the Justice Khumalo Commission.

Spilg represented two Basarwa death row convicts, Gwara Brown Motswetla and Tlhabologang Mauwe. The two finally escaped the hangman's noose when the court granted them permanent stay of execution.  

Gundenfinger successfully represented South African Kwaito artist, Tokollo 'Magesh' Tshabalala, who was prosecuted for allegedly causing the death of Maria Monyatsi and Tumelo Monyaise by dangerous driving.

'This letter serves to inform your honourable office of my request with respect to providing me with a pro deo attorney of my choice as enshrined in section 10(d) of our Constitution,' wrote Leshomo.

Reasons underlying his request emanated from the fact that on April 3 this year, Justice Chinhengo allowed attorney David Moloise, of Mothusi and Company, to recuse himself as his defence attorney after Moloise cited some relation with the deceased and 'such he felt that his impartiality and diligence would otherwise be questionable.'

Leshomo claimed that eversince that time he has not been afforded an opportunity to submit a list of alternative attorneys of his choice as was done after his committal for trial.

'Just as I was expecting to be consulted by one of the attorneys I had initially listed as alternatives, I got surprised when on 11th of April, I was served with a notice of hearing on the 21st, 22nd and 23rd April 2008 and that attorney Charles Tlagae would be representing me. I am strongly opposed to having Tlagae as my defence attorney as he is not one of the attorneys I had indicated as alternatives of legal representation.'

He therefore requested that the Registrar and Master of high Court's office provide him with a legal representative of his choice. Finally, he stated that he would greatly appreciate if the Registrar's office granted his request appropriate attention in the interest of proper administration of justice.