Cable theft accused call for acquittal

Lebogang Mosikare | Friday November 28, 2014 17:37

 

The accused, Mmusi Kelapile, Mothusi Lesole, Fetogang Mathunya, and Zimbabwean Petrus Moyo allegedly stole copper cables at the stadium last year in July. 

The value of the copper has not been disclosed. They all pleaded not guilty to the charge and are self-represented.

On Wednesday Senior Magistrate Thebeetsile Mulalu told the prosecutor Mothusi Dintwa after closing of arguments that there were lots of inconsistencies that are making the State’s case very weak.

Mulalu said that the State relied too much on the evidence of the investigating officer, Thato Kgaodi, who was not present when the alleged offence occurred. Dintwa told the magistrate that he fully agreed with the magistrate that the case largely relied on the evidence of the investigating officer, adding that there were a lot of inconsistencies among witnesses who testified on behalf of the state. The accused told the court that they were tortured in order to admit to the offence but the prosecution flatly denied that assertion.

Lesole asked Kgaodi why he did not find his name or a receipt bearing his name at the scrap yard proving that he indeed sold the cables to the scrapyard. Kgaodi replied: “I don’t know. I was not given copies of any receipts after I went there to investigate.

“I only found a list of people who went to sell cables at the scrap yard but your name was not among those names. I think the best people to answer that question are the owners of the scrap yard.” Lesole then told Kgaodi that he put it to him that he was falsely implicated in the matter.

In reply Kgaodi said: “Your co-accused are the ones linking you with the matter not me.”

Mathunya also told Kgaodi that no one from the scrap yard had admitted in court to having seen him selling cables at their business.

Moyo asked the investigating officer why his name or identity card was not produced at the scrap yard at the time he went there, if at all he sold the cables to the company.

Kgaodi said that the owners of the scrap yard had promised to give him the names of people who sold them the cables when the accused were first arrested.

“They did not fulfil their promise,” to which Moyo said: “This is a total indication that I know nothing about this offence.

“You should tell this court to free me because during their investigations they found nothing in my possession and I am also suffering since my imprisonment after being charged with this offence.”