State witness accuses defence of forcing him to lie
Mpho Mokwape | Tuesday May 26, 2015 16:39
The Princess Marina employee, 52-year-old Othusitse Molaabatho recently before the Gaborone High Court, accused defence attorney Kgosiitsile Ngakaagae of forcing him to lie.
Molaabatho succumbed to pressure under cross-examination from Ngakaagae saying that the reason he was lying under oath was because Ngakaagae was forcing him to do so.
“I am forced to lie because you are the one (Ngakaagae) making me to do so, you keep asking me questions that are not straightforward and I’m forced to lie,” he said.
The accusations came after he (Molaabatho), was asked by Ngakaagae, as to why he was lying to court while under oath. Ngakaagae was the second defence attorney to cross-examine Molaabatho.
He had been on the stand for two consecutive days, starting on Wednesday when the trial resumed and on that day (Wednesday) he was first cross-examined by another defence attorney, Busang Manewe.
The cracks in his testimony became visible during a sustained cross-examining from Manewe who at the end made an application for Molaabatho’s statement, made before the police in 2009, to be submitted as part of the exhibits in court.
Molaabatho’s sworn statement was scrutinised, with both Manewe and Ngakaagae blatantly calling him a liar after the testimony he presented before court, was different from the statement he gave before the police after Setlampoloka was murdered.
On several occasions, he contradicted himself. In one instance, he told the court that at the time of discovering the body, he never made an attempt to talk to the person to see if they were alive or not.
In the written statement he said he tried talking to the lifeless body.
He proceeded to say he saw a suspicious car on two occasions at the lands where the body was found, but when pressed further he said he was not sure if it was the same car, as he did not see its occupants or its plate numbers.
At last the defence attorneys discredited Molaabatho’s testimony after admitting in court that police lied or had altered some of his written statement.
“You do not have factual basis whatsoever that my clients were inside that suspicious car you saw on that day, and you cannot say they are linked to the crime scene if at all there was a crime scene,” said Ngakaagae.
The six police officers, Detective Assistant Superintendent Thuso Dintwe, Sub Inspector Ranto Mmeleki, Constable Tebogo Khutsafalo, Constable Kabo Ramohibidu, Constable Michael Ramohitshane and Constable Patrick Gobotswang are alleged to have killed Italy Keedirile Setlampoloka.
The court papers state that Setlampoloka of Mahalapye was found dead near Gabane on July 30, 2009, a day after his arrest and detention at Mogoditshane Police Station.
It was reported that Setlaampoloka was arrested by members of the Serious Crimes Squad in connection with a spate of armed robberies.
It is alleged that the suspect died under torture as the police tried to extract a confession from him. The police allegedly took his body to Senamakola farmlands near Gabane where they simulated suicide by hanging his body from a tree. The six policemen face more charges connected to the death including unlawful disposal of the body. The officers are alleged to have tried to dispose of the objects they used to kill Setlaampoloka and thereafter disposing of the body in order to cover their tracks.
They also face charges of giving false information to a person employed in the public service. Only one of the six accused being Constable Gobotswang face one more charge of destroying evidence.
They have all pleaded not guilty to all the charges. Manewe represents Dintwe, Ramohitshane, Gobotswang while Ngakaagae represents Mmeleki, Khutsafalo and Ramohibidu.
The case has been adjourned to May 28, 2015 and Detective Superintendent Sergeant Marapo would be next on the witness stand.