Photos delay stock theft case

| Thursday January 15, 2009 00:00

When the case started yesterday, the defence attorney Richard Josiah of Josiah and Company indicated that he spoke to one of the defence lawyers, Morris Ndawana, who could not make it to court because the state had not given him some sets of photo albums.

Josiah represents the third accused person, Edward Masala (59), while Ndawana stands for the first accused person, 46 year old Nelson Mbuso. The second accused person, Nelson Motshabadira (48) appears for himself. The three are facing three counts of possession of stolen stock outside Botswana between December 13 and 17, 2008 at Gerald Estates in Francistown and some in Tutume.

Josiah submitted that the Palapye based Ndawana was yet to receive photo albums as agreed.

'It is therefore Ndawana's contention that it would be unfair to the first accused person to continue with the trial without having a look at the photo albums,' submitted Josiah.

He said Mbuso's efforts to secure the album were thwarted by the state since the accused persons are not allowed access to the Attorney General's Chambers.

Chief state counsel, Antoinette Selemela Kula, expressed surprise at Josiah's submission that the defence was not ready to proceed with the trial.

Kula said when she took up the matter late last year and brought it for mention on December 12, 2008, she indicated to the court that everything was in order and the photo albums were ready.

The magistrate postponed the matter to today.