Defence counsel takes magistrate to task

Goitsemodimo Kaelo | Thursday October 20, 2016 15:30

 

Defence attorney Eddie Babuseng - who represents accused Patrick Gaile, one of the accused in the murder of security officer, Olebogeng Ramapulane, and assault of Chinese national, Liu Jian Hui on August 28, 2013 - gave magistrate Basetsana Keikantse an unpleasant stay in the witness box.

He argued that the accused was influenced by his emotions of fear to make a confession statement because the police had recently beaten and tortured him.

He said that the charge of murder, which carries probable sentence of death, could have also played a part in influencing his decision to make a confession.   During cross-examination, state witness magistrate Keikantse told the court that she recorded the Setswana statement voluntarily narrated by the accused, which was later, translated into English.  However, the defence objected the admission of both the Setswana and translated English version statements to form part of evidence in court.  Asked by Babuseng if she did not take into consideration the emotions of the accused at the time of recording, Keakantse said at the time, she found nothing outward with the accused.

“Yes I did my Lord. He appeared in a sober and sound state mind. We greeted each other. I asked him how he was and he said he was okay. He appeared calm,” Keikantse said.

She disputed that the accused was in fear as a result of recent torture suffered at the hands of the police.  The nature of the crime wasn’t operating on his mind at the time to influence him to submit a confession to me,” said Keakantse. Magistrate Keakantse told the court that although the accused had told her that the police beat and tortured them until they bled while in custody, this had only happened upon his arrest three months earlier.

She said that at the time the accused did not have any injuries on his body.

Babuseng however punched holes in the recorded statements, which he said appears to show that the magistrate did not ask the accused if he had any injuries or scars and where he bled when he was beaten.

He also said that the statement does not show if the accused was asked how many times he was beaten and the police officers that beat him. The answer was in the affirmative. He further said that there is likelihood that his client’s understanding of being in custody is at variance with that of the witness. The case continues on November 16, 2016 when accused Gaile would take the stand.