Drug possession suspect acquitted
Sharon Mathala | Friday July 18, 2014 14:05
Extension II Magistrate Joy Brown-Norman exonerated Nelson Ramatshaba, saying there was not enough evidence to prosecute him.
Norman explained that because the prosecution failed to provide the court with exhibits that they had raised during trial, the court had no ground to hold Ramatshaba responsible for any crime.
“The evidence submitted is sufficient. However, in the absence of the alleged drugs even if the accused person is to be put to his defence the court would have to acquit him as the exhibits are absent,” she said.
Brown-Norman cited that the situation would have been different had the prosecution not made any reference to the drugs.
“Failure to produce the drugs was fatal to the prosecution’s case, in this regard the court finds that the prosecution has failed to establish a prima facie case against the accused person and the court accordingly acquits and discharges the accused,” she said.
The charge sheet read that Ramatshaba and a certain Kgosi Merafhe near Maruapula in Gaborone were found in possession of cocaine weighing approximately 1,0136 grams. The powder was sent to a forensics lab for testing and weighing.
The court also learnt that Ramatshaba was on bail for three other offences related to drugs when he allegedly committed the said crime. Three witnesses had been brought forward to give an account of what happened on the day.
The last witness CID officer, Detective Constable, Basikwa Tshipa told the court that they received a tip-off that there were men driving a Corolla, who were allegedly selling drugs.
He said that as they followed the trail, they came across a vehicle fitting the description they were given. Tshipa further said that during the chase, he noticed that Ramatshaba put something in his mouth and then spat its contents.
He added that they managed to catch Ramatshaba who had with him a transparent plastic bag. He said that they then asked the accused person what the contents of the plastic bag were, but he remained silent.
The court also heard that at the scene, officers inspecting the suspects’ vehicle recovered a small pipe with two shiny wires.
He said that when quizzed on what the wires were for, Ramatshaba told them that they use them to smoke ‘rock’ (the street name for cocaine).
Tshipa further put it to court that because it was dark, no further inspections were made, but they returned to the scene the following morning.
He said that at the scene they found 11 small black wrappings containing a white solid substance that they suspected to be cocaine.
Now free, Ramatshaba has since been reimbursed his P4,000 bail money.
Attorney Phodiso Matsau represented him.