Freed accused sues govt for 300k
Mpho Mokwape | Thursday August 21, 2014 12:21
Dube was accused of murdering a woman who was found floating in a river near Monarch location in Francistown on December 25 2009. Sylvia Motsamai, who is the plaintiff’s girlfriend, has been cited as a witness.
In a lawsuit filed before Justice Dr Key Dingake of the High Court, Dube is seeking P100.000.00 compensation for wrongful arrest and P200.000.00 for malicious prosecution. The Attorney General, Botswana Police Services and the Directorate of Public Prosecution (DPP) have been cited as respondents in the matter. Yesterday, Dube, who is represented by Unangoni Tema, told court that his wrongful murder arrest has had a detrimental effect on his life, adding that although he was granted bail his good name had been tarnished.
“All my adult life I survived on handy jobs like plumbing but when I left prison it was difficult to get tenders because no one wanted to be associated with me,” he said. Dube further explained that although he was cleared of the crime in 2012, he is still perceived as a murderer. “It has been a rollercoaster ride for me. I was granted bail in 2010 but still could not bring my life on track because the bail conditions were restrictive.
For example, I was not allowed to travel outside the city. It felt like I was still in prison,” he said. Dube further said one suspect who died in custody in 2010, Tumediso Phatlha had on several occasions confessed to the murder but he was never taken seriously.
However, Pulane Kgoadi of the DPP said there was a justifiable reason for Dube to be arrested on suspicion of murder as investigations had led to the arrest of several suspects, including the lawsuit applicant.
She told court that as per law, when a crime is committed, police and other relevant authorities use every possible method to question suspects.
Kgoadi argued that there was substantial evidence to lead police to suspect Dube could be linked to the murder, adding that all the suspects arrested and questioned also implicated Dube. “He (Dube) may be cleared of the murder charge but he was initially arrested as a suspect. Investigations fingered him because he was the last person to be seen in the company of the deceased,” she noted.
The defence team presented three witnesses including the investigating officer, criminal investigation officer and the crime scene investigator, who all testified that during their investigations Dube’s name cropped up several times.
The defence team also claimed that the information they retrieved from their investigations did not match Dube’s version of events. The team further submitted court files on the proceedings of the murder case before it dissolves as evidence. Both parties are expected to make final submissions.
The case continues on November 12.