BCP councillor demands millions in damages

OARABILE MOSIKARE
Correspondent | Wednesday June 24, 2009 00:00

The councillor is claiming P2 million for unlawful arrest and detention and P2 million for malicious proceedings. He wants P23,800 for costs incurred in defending himself against his arrest, detention and remand in custody.

The councillor was arrested on 29 November, 2007 and arraigned in court on allegations of murder. He has sued assistant superintendent, Madziba Duna, the Director of Public Prosecutions, the Commissioner of Police and the Attorney General.

Tawele told the court yesterday how he was called to Kutlwano Police Station to confess to the role he was alleged to have played as a civic leader in connection with the disappearance of 14 year old Lesego Phenyego.

The gigantic Tawele said he went to the police station in the company of his wife. 'I found about 15 police officers who started firing questions at me. They did not tell me why they were asking me those questions,' said Tawele. He was not told that he was being investigated for the disappearance of Phenyego, he told the court.

Tawele explained that he was asked why Phenyego's stepfather, Steve Phenyego, walked him out of the yard when he went to give condolences. The interview took about two hours, he said. At eight o'clock he was told that he would be detained.  'I did not get the answer as to why I was actually being detained. They were just sarcastic and started laughing at me and they did not provide any answer to the question that I asked,' he said.

He was later taken to Tonota Police Station where he was detained in a cell for the night. The court heard that the police officers at Tonota Police Station did not tell him why they were detaining him.

'We were two in the cell. We had two blankets, one to use as a mat and the other one to cover ourselves,' Tawele told the court.

He said they had to use a toilet that had no base or a door. They had to relieve themselves in front of each other. No toilet paper was provided. 'There was some stool on the floor of the toilet,' Tawele said.

He said because of this unlawful arrest, he suffered P2 million in damages and he wants the state to pay him. 'This is because of the insult I suffered because of this unlawful arrest. As a civic leader, I asked myself how the community was going to look at me'.

He further explained that on November 30, 2007 he was taken to Francistown Magistrates Court. He found a man he named only as Steve.

'A charge of murder was read to us. I was also furnished with a charge sheet,' submitted Tawele. He said he expressed shock because he was never implicated in any charge of murder.

The prosecutor applied that they be remanded in custody because the investigations were at an initial stage. 'I told the court that it was improper for a charge of murder to be read to me because I was never cautioned'.

He was remanded in custody for 14 days. He described the conditions at Francistown State Prison as horrible. They had to use blankets infested with lice. He said the cell was overly congested as more than 40 inmates were forced to share a single cell and a toilet.

'My contention is that I was not supposed to be there. I am claiming P2 million because I was subjected to harsh conditions without any reason whatsoever,' pleaded Tawele.

He said on 14 December 2007, he was taken to the Magistrates Court for further remand.

The case continues. Phazha Kgalemang of Kgalemang and Associates represents Tawele and the principal state counsel, David Moloise, appears for the respondents.