Lawyer quits group sex case

ISAIAH MOREWAGAE
Staff Writer | Thursday August 27, 2009 00:00

Hence the two former Special Constables, Sydney Ntope and Phethogo Gaanakobo appeared before Justice Gabriel Rwelengera of the High Court yesterday for sentencing without representation. They told the judge that they expected to meet the lawyer in court. Ntope, Gaanakobo and three soldiers, Samuel Seshabo, Thato Bojosi and Moagi Samson have been found guilty by Gaborone Magistrate, Munashe Ndlovu of forcing Zimbabweans they had arrested to have sex while they watched. Yesterday, the absence of lawyer Langwane forced the case to be adjourned temporarily. When it resumed, one of the defence lawyers, Tshiamo Rantao said he phoned Langwane who told him he has withdrawn from representing the duo. He added that Langwane informed him that his office has filed the notice of withdrawal and faxed it to the High Court.

Unfortunately the notice was not received. This saved Langwane whom Rwelengera threatened to slap with a warrant of arrest if he failed to appear in the one hour and thirty minutes that the case was adjourned.

Rantao and another defence lawyer, Busang Manewe pleaded with the court to postpone the matter so as to afford the two convicts a chance to talk to Langwane. Rantao asserted that the convicts thought they would find their lawyer in court hence the new development may prejudice them.

They proposed that the court should not give more than 14 days as the case has been going on for long.

Rwelengera postponed the case to October 14th. He warned that the matter will not go beyond the date and will proceed even if the two convicts have no legal representation.  

All five convicts are members of the security forces who were assigned to patrol Ramotswa Village on November 25, 2005. They allegedly arrested and forced Zimbabweans to have group sex, while they watched.

The defence is contesting the conviction of the five saying that it was improper. The defence lawyers say their clients were expected to argue their case before sentence can be passed.

The sentencing was referred to the High Court by Ndlovu on the grounds that all the convicts are members of the security services who ordinarily should have enforced the law and protected the citizens, residents and visitors to the country.

The other reason for referral was that count four, which Seshabo, Samson, Ntope and Ganakobo were convicted of, was committed under aggravated circumstances and a greater punishment than the one for which a magistrate has powers to pass, 10 years imprisonment or P20,000 fine or both should be inflicted as a human rights issue. The convicts are out on bail. The defence team consists of Manewe, Tshiamo Rantao and Oduetse Langwane, while Bafi Nlanda represents the state.