Stimela, Nkuna acquitted, Sebina remains in dock
Mpho Mokwape | Friday June 20, 2014 17:37
Stimela and the duo were alleged to have abducted, tortured and assaulted Lesley Manga on May 21, 2011 in Mochudi, with their alleged victim succumbing to his injuries nine days later.
The trio’s lawyers had filed an application for a “no-case to answer” ruling, arguing that the State had failed to establish any evidence linking the three with the crime.
Setting Stimela and Nkuna free during his ruling yesterday, Justice Key Dingake said the evidence presented by the prosecution on the duo having taken part in the assault was circumstantial and not concrete enough to tie them to the crime. Dingake said the prosecution failed to establish a solid case against the duo as it only presented that the two men were seen at the crime scene on the night of the assault but failed to prove if they indeed participated in assaulting Manga.
“The fact that the accused were seen at the crime scene does not much advance the State’s case and there is insufficient evidence to support that the two took part in assaulting the deceased.
“No one has admitted seeing the two taking part in the assault,” said Dingake.
Dingake said the prosecution’s evidence, whether direct or indirect, was admissible in court as long as it was well established and could be used to show consistence and coherence when re-creating the events of the alleged crime. He said in this instance, the prosecution failed to re-create the events of the alleged crime in order to build a solid ground for the court to allow the duo to stand trial for murder. The judge added that even the witnesses’ statements were inconsistent.
“The witnesses called by State have also failed to establish seeing the two inflicting harm to the deceased,” Dingake ruled.
“All agree to seeing the two at the crime scene but cannot establish seeing them assaulting the deceased, claiming it was dark and that they could not see properly.”
However, Dingake noted that the fact that a person died was reason enough to hold someone accountable, adding that even the doctor who was a State witness agreed that the deceased died from injuries inflicted during an assault, during which he suffered head trauma. Dingake said the fact that the deceased was found in Sebina’s warehouse and that the deceased’s blood was found in Sebina’s car and clothes, was enough for a case of murder.
“The first accused has a case to answer but if at the end of the trial the court finds no solid evidence, it will have no choice but to acquit him.
“For now, the prosecution has produced a solid case against this accused,” said Dingake.