�Molepolole Magistrate Court is conflicted in ritual murder case�

Sharon Mathala | Friday February 5, 2016 16:37

 

Magistrate Lindiwe Makgoro will rule on February 16 whether she will continue presiding over the case or recuse herself.

Yesterday, the six men appeared for bail ruling and Makgoro said the case had attracted immeasurable public interest. Therefore, if given bail, the men faced threats of attack from members of the public. “There is indication that the community is still angry, their emotions have not subsidised,” she said.

“The behaviour they have displayed within court and court premises has disrupted the running of the courts, there is real risk of the applicants (accused persons) being attacked by members of the society, for this reason I am reluctant to admit them to bail,” Makgoro said.

The defence lawyer, Kgosietsile Ngakaagae, representing the sixth accused person who was added to the charge sheet last week, submitted to Makgoro that the deceased person, Nthabiseng Motlogelwa, was an employee of the presiding court hence doubting the impartiality of the court. He said that by virtue of having interacted with the deceased, the presiding magistrate was not “fit” to decide on critical aspects to the case.

“The deceased person worked in this very court, we have now become aware that the deceased is known to the official of the court, including the presiding Magistrate by virtue of having worked here,” he said. The defence lawyer continued: “This brings a twist, you cannot in all fairness and justice have this case being tried and managed by a court which was her employer.”

“It is impossible to do my job and to do it to the best of my ability if you (the presiding Magistrate) continue to preside in this matter. This court is clearly conflicted and all that we ask for is a platform where the accused may be afforded a fair hearing,” said Ngakaagae before suggesting that there should be a substitution of the presiding magistrate.

Throughout his submission Ngakaagae was booed by the crowd, with the police having to constantly bring the house to order. The spirited Ngakaagae continued: “This court is conflicted, there is no doubt, we cannot rule out the likelihood of bias, by virtue of socialising with the deceased.”

Another defence lawyer, Letlhogonolo Makgane, also concurred with Ngakaagae adding that “the court should have informed us from the very beginning that she (the deceased) was an employee of this very court, justice should not only be done, but it should also be seen to be done”.

The six men are accused of killing Motlogelwa at Mpadithata settlement near Mogonono on the outskirts of Molepolole last October. Motlogelwa was an intern at the same court the men are appearing.