Dockets �stealing� investigations complete
Lebogang Mosikare | Monday February 1, 2016 16:17
Prosecutors revealed last week that the investigations in a case in which the trio are alleged to have conspired to steal court documents.
The particulars of the offence are that during the month of November 2015, at a date unknown to the prosecution at the Francistown Magistrates’ court, thy conspired for Gaborekwe to steal two court records for Meshack Morapedi and Future Gobagoba to defeat the ends of justice.
In the second count, the state alleges that Gaborekwe on or about November 11, 2015 at the Francistown Magistrates’ court being a person employed in the public service stole two court records being the property of state. In the last count, the state alleges that Morapedi and Gobagoba on November 11, 2015 near Engen Filling station in Francistown received from Gaborekwe two court records knowing that the aforesaid court records had been stolen.
On Friday, senior superintendent Omphemetse Mashiqa said Gaborekwe has tendered a document showing that he was sick. Mashiqa added that their investigations are complete and they will send the case docket to the Directorate of Public Prosecutions (DPP) for trial.
“The reasons for sending the matters to DPP is that I am a prosecutor where Gaborekwe is working and may find myself having to give evidence and prosecute at the same time. The defence attorneys would be availed with all the case dockets by next week Friday,” said Mashiqa.
Counsel for Morapedi and Gobagoba, Kagiso Jani said that he was having problems with receiving transcripts of accused’s dockets from the lower court that found them guilty.
Previously, Principal Magistrate Sijabuliso Siziba had referred Gobagoba to the High Court for sentencing because he does not have the authority to sentence him to jail for more than the prescribed statutory mandatory sentence of 10 years after he convicted him of one count of rape.
Siziba sentenced Morapedi to six years in jail after he found him guilty of one count of rape.
“The dockets are vital in the our intention to appeal my clients’s cases. We have not been able to get hold of their dockets in order to prepare our appeals,” Jani said.
In response, the regional magistrate Mathaka Masilo said that he found no valid reason why the defence should not be given the trial records in order to prepare for the their appeal.
The matter has been adjourned to March 25. Attorney Mishingo Jeremia represents Gaborekwe.