Two defence witnesses defy subpoenas in Sithole torture claim trial
Larona Makhaiza | Wednesday July 1, 2026 14:32
Sithole, who is currently in a trial-within-a-trial, is seeking to challenge the admissibility of a confession statement, alleging that he was tortured while in police custody.
To prove their argument, the defence counsel Keorapetse Sambere said he had lined up Kesegofetse Karema and Serame Mooketsi to corroborate Sithole’s version of events.
However, when the matter resumed before Judge Matlhogonolo Phuthego of the High Court, Sambere told court that despite securing subpoenas for the two witnesses, they had failed to honour them.
“Witnesses were meant to be subpoenaed and the Deputy Registrar told me that they can issue the subpoena but they will not be able to serve them due to logistical constraints to reach those witnesses,” defence counsel explained.To avoid delaying the matter, the defence said it took it upon itself to collect the subpoenas on June 19 and later sought help from the investigating officer to serve them.According to the defence, the investigating officer was out of Lobatse and stationed in Kang, but referred them to another officer for assistance.
“I made a follow up on Tuesday and Wednesday. He maintained the promise to assist but, I haven't been assistance today,” Sambere said. Faced with continued delays, the defence then hired a private messenger ata ersonal cost to track down the witnesses.The messenger reportedly located one witness in Kanye and the other in Lobatse, but both refused to accept service. “He informed me the time of service and told me that the witnesses refused to receive the subpoenas from him and that they will only attend if they are subpoenaed by the state or by the police handling the case,” he said.The defence filed an affidavit confirming the attempted service before court.
The defence stressed that the testimony of the two witnesses was vital, as they were expected to help corroborate Sithole’s allegations that he was assaulted and tortured at Sejelo Police Station.On that basis, the defence sought an adjournment and argued that the court should consider issuing warrants of arrest against the witnesses for defying lawful subpoenas.
“Any person subpoenaed without any reasonable excuse not to obey the subpoena, the magistrate or judge may issue a warrant that the witnesses appear in court. They have been served,” the defence argued. The presiding judge questioned whether the witnesses were being unreasonable, particularly as they appeared unwilling to testify unless called by the State. But the prosecution pushed back, objecting that the witnesses should be called as they are part of their witnesses.
“These are not witnesses called by the court, these are witnesses called by the defence to advance their cause, not the cause of the state or the court,” prosecutor Ambrose Mubika said. The matter was postponed to September 28, when the defence application regarding the attendance of Kesegofetse Karema and Serame Mooketsi will be argued. Sithole faces a single count of murder of Tlotso Karema back in 2022.