Spousal Murder-Accused Ex-Cop Changes Plea
Lebogang Mosikare | Monday April 19, 2021 15:19
The accused, Mogomotsi Legae, 40, allegedly murdered Olorato Legae on or about July 13 and 14, 2016 in Letlhakane. When Mogomotsi’s trial began in earnest on Wednesday, he pleaded not guilty to the offence but later changed his plea following the testimony of Dr Paul Sidandi, a psychiatrist at Jubilee Hospital.
Sidandi testified that after he examined Mogomotsi after the charge of murder was levelled against him, he came to the conclusion that although Mogomotsi was suffering from mild depression at the time he allegedly committed the offence, he is fit to stand trial. Sidandi reasoned that people who are suffering from mild depression are fit to stand trial as opposed to those who are suffering from severe depression.
The mental expert explained: “At the time Mogomotsi committed the offence, he was not suffering from a severe form of depression since he managed to drive all the way from Kasane to Letlhakane to allegedly commit the offence.” Sidandi, therefore, said that if Mogomotsi was suffering from severe depression, he could not have driven his car from Kasane to Letlhakane because someone who is suffering from severe (high) depression is incapable of doing normal duties (chores) like driving.
However, the case took a different twist after lunch on Wednesday when Mogomotsi’s attorney Jost Isaac informed the court that after extensively studying the evidence of the remaining State witnesses with his client, they had agreed to change his plea and are admitting all the remaining State witnesses.
“The accused has agreed to plead guilty to the charge if it is agreeable to the court. We have agreed with the prosecution that they will prepare facts that can be read to the accused the following day in the afternoon. We will thereafter proceed with mitigation on behalf of the accused,” Isaac said then.
After the unexpected change of plea to guilty which set in motion the next legal process of facts reading on Thursday afternoon, the defence changed plea once more to not guilty. The change of plea to not guilty then enjoined the State to call all its witnesses that the defence was not admitting. On Thursday afternoon, one of Olorato’s best friends, Nonofo Boipelo Motlhake, who is also a teacher, told the court that she has known Mogomotsi since 2015 because he was married to Olorato. She told the court that they were also church members at the United Congregational Church of Southern Africa (UCCSA). “I was very close to Olorato and we shared secrets. Olorato loved her husband and children very much,” said Motlhake.
Motlhake later told the court under cross-examination from Isaac that even though she briefly spent time with Olorato and Mogomotsi when the latter was around, she discovered that Mogomotsi also loved his wife and children very much. Motlhake admitted that Olorato also told her that Mogomotsi was suffering from depression and was on medication. At one point when Isaac was still cross-examining Motlhake, Isaac put it to her that Mogomotsi once caught Olorato with a church mate in a very compromising position after Olorato visited him in Kasane.
The situation, Isaac added, surprised Mogomotsi since he was of the view that Olorato did not know anyone in Kasane.Therefore, Isaac said that Mogomotsi is going to tell the court about that encounter when giving his evidence in chief. In response, Motlhake said that she was not aware of that incident. One of Mogomotsi’ s former workers, one Medupi, testified to the effect that he befriended Mogomotsi because Mogomotsi was well behaved.
Despite being quizzed by the prosecution if he was aware that Mogomotsi might have been taking drugs or any habit forming substances hence his mood was down, Medupi stuck to his guns. He explained that he knew Mogomotsi as a person who abhorred drugs adding that he used to advise them against the use of drugs. Justice Bengbame Sechele ended up agreeing with the defence that the prosecution had failed to establish whether Mogomotsi was taking drugs despite a barrage of questions from the prosecution.