CoA orders Motukwa to bear out his allegations
Mpho Mokwape | Wednesday January 13, 2016 15:17
A three men Court of Appeal (CoA) bench led by Elijah Legwaila yesterday ordered that Motukwa be accorded time to file relevant documents including an affidavit substantiating the allegations he made against the trial court.
The judges postponed the convict’s appeal to the July session arguing that the allegations made were very serious and could not be ignored in the interest of justice.
“The allegations raised by the first appellant are serious and cannot be ignored for the sake of progress and he needs to file an affidavit stating his objections clearly,” Legwaila said.
Motukwa (34) had filed a notice of motion on January 2, 2016 that the record of proceedings was incomplete and did not make any sense. He had raised issues that the record did not show most of the proceedings especially the one between him and the first state witness therefore he was not happy with it. Furthermore he explained that there was communication breakdown between him and his lawyer at the time, which was not also recorded in the records despite having raised it several times in court.
His current attorney, Onalethata Kambai, told the court that certain objections raised by Motukwa will be abandoned and that they will only concentrate on the one regarding the record of proceedings and communication breakdown. “Certain objections were raised by my client in his own capacity as I was not his attorney at the time but after much considerations we will abandon them and concentrate on important ones,” he said.
Meanwhile Motukwa together with his co-accused Daniel Semi (30) and Gaolatlhe Thusang (35) had filed an appeal in an attempt to persuade the bench to reverse both their conviction and sentence.
Motukwa, who is said to have had hired the two to kill his father after believing he was bewitching him, was sentenced to 25 years in jail while the duo was condemned to death by Lobatse High Court Judge, Justice Michael Leburu in 2013 for killing Motlhanka Motukwa in 2008.
Meshack Muthikhulu and Moses Kadye represent the death row inmates respectively while Rahim Khan represents the state. �������������������������������������������������������������hand, it is, though, right and proper that the entire community knows and values the historic buildings in its midst, regardless of ownership. If it is known that any of those buildings is under threat, the issue should be taken up with the MPs, the District Council and the Khama Museum. In the light of the President’s remarks, other communities, up and down the country, might be well advised to take urgent stock of their own situation.