Murder accused cops want seized cellphones back

Lebogang Mosikare | Tuesday March 18, 2014 12:29

Defence attorneys, Kabelo Gaonyadiwe for Mojanki and Shathiso Nlegwa for Nlewa, applied before Senior Magistrate Thebeetsile Mulalu on Monday for their clients to be given back their cellphones that were taken by the police during their arrest.

The officers were both charged at the beginning of January this year for killing 28 year-old Bokani Sox, a former nurse at Nyangabgwe Referral Hospital. Gaonyadiwe said the cellphone belonging to his client is still in police custody, a few months after Mojanki was charged with the offence. Gaonyadiwe said his client’s cellphone was the only means of communication and should be returned to his client.

He said Mojanki could return the phone to the prosecution if the need arises. Echoing Gaonyadiwe sentiments, attorney Nlegwa for Nlewa, told the court that he was going to make a similar application.

He said he is wondering if there is any justifiable cause for the prosecution to still be in possession of two cellphones that were seized from her client after she was charged with the offence. Earlier on, prosecutor Atina Mandigo told the court that investigations into the matter are still ongoing adding that the prosecution is awaiting the results of the forensic analysis from the police laboratory.

Mulalu told the defence that he had a problem granting the application sought by the defence.

He said Section 57 empowers the police to keep seized properties for use in their investigations. The accused, who are out on bail, are due in court for mention on June 16.

Besides the murder charge, Mojanki is also indicted for damaging property.

The state alleges that he partly burnt a Toyota Corolla belonging to Letsweletse Matome near or at Mmei Junior Secondary School in April 21, 2012 in which property worth P4,000 was burnt.