Defence attorney guns for acquittal

Lindiwe Mozola | Thursday March 10, 2016 16:19

 

Ramocha is said to have, around March 5, and April 13, 2013 at Moremi village been found in possession of 10 goats suspected to be stolen property.

According to the lawyer, the three state witnesses that have testified have not led any evidence upon which the accused may be convicted of stocktheft.

He said that the accused should be acquitted on the basis that there is no case for him to answer.

“Further to that the court has failed to lead evidence that the accused was found in possession of 10 goats, which are the subject matter of the charge.

In that case alone the accused has a case to answer if only the state had led evidence proving the existence of the alleged 10 goats. However, there is no such evidence before this court,” said Rabosotho.

Rabosotho also noted that there was no evidence submitted that any police officer found the accused in possession of the goats in question.

Rabosotho also submitted that the prosecution failed to lead evidence to establish that the explanation given by the accused person was not satisfactory.

“It is in evidence that the accused person when asked to account, he explained that the he bought the goats from different people.

“And the defence witness, Kgakgamatso Olefile supported that he gave the accused four goats as payment of P2,400, which he owed the accused.

“Therefore, it’s our humble submission that the prosecution failed to indicate that the explanation given by the accused was not satisfactory.

We therefore, pray through this submission that the court should acquit and discharge the accused because he has no case to answer,” he said.

State prosecutor Onkutlwile Baselape admitted that the court failed to avail two witnesses hence the decision to close the case.

He also said he tends to agree with most of the things said by the Rabosotho.  However, it should be brought to the court’s attention that the state brought three key witnesses that have proven their case. 

“The two witnesses we failed to bring to court, their relevance was to explain whether the accused bought the goats in question from them or not.  We will no longer dwell on their evidence since they are nowhere to be found,” Baselape said.

The accused will appear for ruling on June 13, 2016.