Murder accused seeks reprieve in name confusion

Lebogang Mosikare | Thursday November 20, 2014 11:33

 

Before Justice Gaolapelwe Ketlogetswe of the High Court, Reneetswe Rabosotho submitted that his client is Willias Munyaradzi Maphorisa and not Willie Munyaradzi Maphorisa as the prosecutor stated or William Munyaradzi Maphorisa as the fourth state witness said.  Rabosotho said that Willias is not the one who strangled Vivian Monedi Moyo to death at his Block 5 residence in Francistown in 2007 as the prosecution would like the court to believe.

He said that Willias has been charged as a result of mistaken name identity as documents before court shows. He said he will apply for the case to be withdrawn because the wrong person has been charged for a crime he never committed as demonstrated by the confusion regarding his name.

Kefilwe Lekgetho, the fourth prosecution witness, told the court under by prosecutor Nancy Obonye-Ebineng that she knew the accused as Willias and not by any other name. She said that she met the accused at Block 5 carrying a black bag with white stripes and an orange one. She said she asked him for money since she knew him but he said he did not have coins but notes. He then said he was going to Kasane later in the afternoon with ‘Madala’ whom the court learnt was the deceased.

Lekgetho said when she arrived at her place at Block 5, she heard that an old man was killed in the neighbourhood and she went in the direction of the house where the murder allegedly occurred. She said that while she was at Madala’s place, police asked people to give them leads that can help them make an arrest. She said she volunteered and told them about her earlier encounter with the accused. Under cross-examination from Rabosotho why she did not call the accused in her police statement as Willias and not Willie as she did in court, Lekgetho said that she called him Willie because it is the name that she used to address him with at home.

“I was not aware that in court it is not allowed to address people by their nicknames,” said Lekgetho who asserted that Willie and Willias are one and the same person.  Rabosotho told her that she lied in court and that his client was not holding any orange bag that she had alluded to earlier. Only the black bag with white stripes was admitted in court as evidence by the prosecution and defence.

Detective Assistant Superintendent Maziba Duna, the fifth prosecution witness told the court that his investigations indicated that there was no forced entry into the house where Moyo was murdered as the doors were secured.

“People who had gathered at Moyo’s place suspected that he might have been killed by William since he was earlier spotted at the house during the day in question,” he said. He said he later made arrangements through the help of Interpol to look for the accused in Zimbabwe after he failed to locate him in Francistown and surrounding areas. “On June 2007, I received a call from Interpol that the accused was arrested at Plumtree. With the help of Zimbabwe police, I went to Masvingo at the accused place and discovered some clothes that Thuso (son of the deceased) said were his,” said Duna. He added that he was accompanied by Thuso to Plumtree and Masvingo.

When cross-examined by Rabosotho concerning the accused’d name, Duna said he was William Munyaradzi Maphorisa.

“The accused will tell the court that he is not William and you arrested the wrong person, what is your take on that?” said Rabosotho. Duna answered: “At first I received information that he was called William and also Willias but I did not write Willias in my statement.” Rabosotho: “Besides William and Willias what name did you get as his name?” Duna responded by saying that he cannot remember as the murder happened a long time back.

Before the case was adjourned to yesterday, Duna identified some of the contents inside the black bag with white stripes.