'I Did Not Shoot Him,' Pleads Alleged Killer

OARABILE MOSIKARE
Correspondent | Monday March 30, 2009 00:00

Kebonyekgotla Yawano is facing two counts of attempted murder and it is alleged that on 28 January, 2006 at Khweekhadi II cattlepost, he attempted to cause the death of Christopher Kabelo by shooting him with a gun.

On the second count, it is alleged that he attempted to kill Ontsheketse Keneilwe on the same date at the same area by shooting him with the gun. Prosecutions counsel, Thamsanqa Selitshena, represents the state while Roger Callender stands for Yawano.

The accused has pleaded not guilty on both counts.

Constable Key Teemane, who is stationed at Rakops, told the court that he was called to examine the crime scene and collect forensic evidence for examination. He said the investigating officer was then investigating a case of attempted murder in which two males were shot and injured at Khweekhadi II cattle post.

As a result, Teemane took his camera and film and proceeded to the crime scene.He said he did the visual examination and took photos of scene one where Kabelo stayed. He entered the hut where Kabelo slept the previous night and found the bed damaged by gunshots.

'I found a hole penetrating the blanket on top of the mattress. I removed the blanket and found five pellets on the mattress,' submitted Teemane.

After photographing the scene the junior officer collected the five pellets and packaged them. Outside the yard he found an empty green cartridge next to another hut in the same yard. Teemane then went to another crime scene where the second victim Keneilwe stayed only to be greeted by a hut reduced to ashes.

Some of the items, he submitted were still on fire. The dutiful Teemane photographed the scene.

About 10 to 15 metres away from Keneilwe's burnt hut he found a white empty cartridge which he also photographed.

Satisfied that he rounded his investigation he compiled an album of 12 photos which he produced in court as part of his evidence. There was no objection to the production of the photo album as part of the state evidence. Another state witness Dr Phuthego, a maxillo facial surgery specialist from Princess Marina Hospital, said he happened to see a patient by the name Keneilwe, who was transferred from Nyangabgwe Referral Hospital to Princess Marina Hospital.

The medical specialist said by the time he saw the patient he had three bruises, one above the right eye, in the lower jaw and on the right hand. Phuthego explained that the right eye of the patient was a little bit red and the chin was also swollen.

'We ordered the x-rays. The x-rays showed that there was a fracture in the jaw. It ran from between the canine and molar teeth. It was shattered and there was a fracture on the skull,' he told the court. The doctor said because the patient was still swollen it took them sometime to take him to the theatre.

By the time Keneilwe was taken to the theatre small pieces of shattered bones were removed from him. Phuthego further explained that many things cause fractures but this particular one was caused by something that penetrated the skin.

'Because of the fractured bone it was obvious that the object was travelling at high velocity to fracture the bone. The object was small because it affected a small area'.

Under cross-examination from Callender, the doctor conceded that he did not see the object that penetrated the jar. He also conceded that he did not find the object that penetrated the jar because he was the third medical doctor to attend to the patient.