Sekai loses lawyer in criminal case
Goitsemodimo Kaelo | Tuesday September 27, 2016 18:00
The court ruled on Friday that Sekai and five others are facing charges of assault and causing grievous bodily harm during flogging incidents that happened in Kgatleng. Ngakaagae, who is a former employee of the Directorate of Public Prosecutions (DPP), at some point was prosecutor in the case in which he turned defence lawyer after setting up own law firm.
When delivering his ruling, magistrate Lentlhabetse Willie agreed with the prosecution that the defence counsel is conflicted in the matter. He said that his conduct is unethical and unacceptable.
“If he is allowed to represent the accused in the matter, it would put the image of the Administration of Justice into disrepute. It is also damaging to the profession if these things are allowed,” he argued.
Willie dismissed Ngakaagae’s argument that it was wrong for the prosecution to join the charge by the complainant, Phillip Rankowa, to the other flogging charges in which he (Sekai) was discharged after he reconciled with the complainants.
The magistrate reasoned that there is nothing wrong with joining the counts as they happened at the same time and are similar. He said that it is a fact that the count of assault and causing bodily harm, which Ngakaagae’s client is facing, is one of the counts which Ngakaagae prosecuted against the same client while he was a DPP employee.
Ngakaagae had argued that when he left the DPP, the complainant was not part of the case he (Ngakaagae) was prosecuting. He said that the case should have been registered separately as by joining the counts with the understanding that he was party to the existing case, made it look like he was conflicted.
“I find his arguments rhetorical and find nothing materially wrong with the charge sheet. It would also be a prejudice to the accused if they separated the matters because he would then be tried and sentenced separately. It is a fact that the docket was allocated to Ngakaagae, but the final charge sheet was done when the current prosecutor took over,” Willie said.
This ruling followed an application by the State pleading with court to order Ngakaagae to recuse himself from the case, citing that he is conflicted . The state felt it is inappropriate for Ngakaagae to represent Sekai in this matter as he was once the prosecutor at the inception of the matter. The Prosecution argued that it is unethical and submitted that Sekai should be given an opportunity to look for another attorney.
The matter continues on October 17, 2016 for status hearing