Moswaane's blue-eyed boys found guilty
Lebogang Mosikare | Friday March 6, 2020 16:33
The accused, nominated councillor Otsile Moses, administrator, Boago Phiri and BDP activist, Chidzani Mokgwebe were each sentenced to two years in jail for assaulting another BDP activist, Otto Masogo during a BDP Francistown regional elective congress in 2017 at Donga Community Junior Secondary School.
However, the trio escaped jail by a whisker after Magistrate Lebogang Kebeetsweng suspended their sentences for two years on condition that they didn’t commit any offence that involves violence.
In addition, Kebeetsweng sentenced them to four strokes of the cane each after they are certified fit by a medical practitioner.The trio assaulted Masogo by hitting him with fists and also hurling chairs and tables at him during the congress, which was held to nominate delegates who were going to vote at BDP elective congress at Tonota in 2017.
During the Tonota congress, the Mokgweetsi Masisi faction vanquished the Nonofho Molefhi bloc by taking all central committee positions that were on offer.
By then Masisi had the backing of former president, Ian Khama before their acrimonious fallout after Khama finished his term as president of the country.
Before the judgement was delivered, the accused pleaded with the court that because they had already compensated Masogo, the court should just forgive them and not pass sentence.
However, the court did not accede to that request after listening to prosecutor Archie Makgoa who told the court that the accused were long given the opportunity to reconcile with Masogo, but they did not utilise that opportunity.
Kebeetsweng added that because the judgement was prepared, there was no turning back since the law requires that it should be read out.
“You should have reconciled with the complainant before the prosecution closed its case. You were given the chance to reconcile with the complainant but you didn’t utilise it. Even if you are found guilty, you were still going to compensate the complainant,” Kebeetsweng explained.
Passing her sentence, Kebeetsweng said the trio admitted evidence of a lot of BDP witnesses such as Moswaane, Raoboy Mpuang and Lamodimo Dikomang, amongst others…
“In this case, it is common cause that the complainant was assaulted. All witnesses testified to that effect. The trio also accepted the medical report that showed the injuries that were sustained by the complainant. All this evidence was unchallenged. There is no dispute that the accused assaulted the complainant. All witnesses, save for two testified to that effect. The witnesses were all BDP members who knew the accused very well and as such, they could not have mistaken them for other people,” said Kebeetsweng.
Moreover, Kebeetsweng said that the accused opted to remain silent after their legal rights were explained to them.
“The unchallenged evidence before court shows that the accused assaulted the complainant and damaged his spectacles. In conclusion, I find that the prosecution has proved its case beyond reasonable doubt, which warrants a conviction. The prosecution has proved its case beyond reasonable doubt and in the premises, I find the accused guilty as charged,” said Kebeetsweng.
After the trio was found guilty, Makgoa said that the prosecution did not know if the accused had previous convictions, but pleaded with the court to treat them as first offenders.
The court then acceded to the request of the prosecution.
Before receiving their sentence, the accused pleaded with the court in mitigation not to jail them since they were taking care of their children and families.
After being sentenced, the crestfallen accused boarded a waiting police van commonly known as Mmadisefe in the vernacular.
Although the BDP moved swiftly by suspending the trio indefinitely after they assaulted Masogo pending finalisation of the court matter, the three defied the suspension and continued to be active in BDP activities.