Murder suspect begs for trial

Lindiwe Mozola | Wednesday November 4, 2015 15:41

 

Mompoloki said his case has dragged on for a long time and at each stage, the prosecutor “comes up with excuses to delay matter further”. “It is not nice to be in jail. You people do not know how much I am suffering. The prosecutor seems unmoved by this. All he does is to come up with many stories to delay the court further from committing me for trial,” said Mompoloki, during an appearance this week.

He added: “Coming here every 14 days without moving forward is exhausting. I want to be tried if at all I have committed the offence. I have also pleaded with the state to allow me to renew my expired Omang but they all turn a deaf ear.”

State prosecutor, Gonayaone Ketlhapetswe said that the matter is beyond his control due to shortage of staff at the Directorate of Public Prosecutions (DPP).

“One of our supervisors was transferred to Gaborone and there is only one supervisor left. That’s the reason cases are delaying at the DPP,” he said. Ketlhapetswe said Mompoloki’s case file was still in the Palapye office and according to the due process, all files are sent to Gaborone where an order to commit suspects for trial comes from. However, Mompoloki accused the state prosecutor of lying, saying Ketlhapetswe had a different excuse during the last appearance in court.

“During that hearing he said he had forgotten one particular file at the office and thus the case could not move further,” the suspected murderer said.

Magistrate Motsamai Rebecca told Mompoloki that there was no way the prosecutor could lie because everything he says before the court is recorded. The magistrate said the records showed that Ketlhapetswe had indeed told the truth and was consistent in his explanations.

“Maybe you are the one who misunderstood the prosecutor. There is no way he can lie before the court because word by word we write what he is saying to hold him accountable. “Your complaint about coming here after 14 days is invalid because the penal code states that every accused person that is remanded in custody should come for mention every 14 days,” the magistrate said.

She however assured Mompoloki that she would ask the officers in charge to assist him with the renewal of his Omang. Meanwhile, Mandla Ndlovu, a rape accused in a separate matter before Rebecca, stunned the court when he said there was no reason for him to remain in remand, as the case was not serious.

Ndlovu said he had not had the opportunity to change his clothes since his arrest, posing a risk to his health.

“Ever since I came here, I am still wearing the same clothes. The court should release me at least to change my clothes,” he said. However, Rebecca told him that allegations of rape, according to the penal code, are considered serious and remanded the accused further in custody.

“Whether you are guilty or not guilty is a matter of evidence adduced in court,” she said.

Mompoloki and Ndlovu are due again before the court on November 17.