Former soldier dumps defence attorney

Lebogang Baingapi | Tuesday March 14, 2017 16:13

 

Mopati Mpaesele, allegedly killed his girlfriend Gaolathe Odirile on September 4, 2013 at her workplace by stabbing her with a knife.

He allegedly followed Odirile to work at Selebi-Phikwe industrial site before killing her inside her office.

Yesterday, the 30-year-old appeared before Justice Barnabas Nyamadzabo and applied for the withdrawal of his attorney Morgan Moseki citing lack of proper consultation between him and Moseki.

Moseki said he met the accused on Sunday at the Francistown Centre for Illegal Immigrants, which is used as a prison facility but they did not agree on how to proceed with the case.

“The accused said he was not willing to engage on discussions with me about the case and is also unhappy about my representation. As a result, he is not willing to discuss some issues with me particularly after his bail was revoked because he failed to appear in court as scheduled. I told him that as a pro deo attorney, I was not compelled to represent him after his bail was revoked but can only represent him during other processes of the trial,” said Moseki.

Moseki said it was clear that his relationship with the accused has irretrievably broken down because of lack of trust and as such it was proper that he withdraws from representing the accused.

“I feel that the accused may have qualms after he is sentenced therefore I am earnestly applying to withdraw representing the accused,” said Moseki.

Asked by Nyamadzabo if it is true that he no longer wants to be represented by Moseki, Mpaesele answered in the affirmative.

“We had started discussing the case but we did not conclude our discussions. I am asking the court to help me look for another attorney. Moseki never gave me the opportunity to fully discuss this matter with him…When I tried to contact Moseki, he always said he was busy,” said Mpaesele.

Giving his ruling concerning Moseki’s withdrawal from the matter, Nyamadzabo said although the accused disputed that his problem with Moseki representing him arose because Moseki did not represent him when his bail was revoked, it is clear that it is the main cause of the misunderstandings between the two.

“Moseki professionally met the accused on three occasions to discuss this case. The accused is not telling the truth that Moseki did not give him enough time to discuss the matter…In the premises although the court would ordinarily dismiss the accused’s application for Moseki to withdraw representing him, he is given the last chance to look for another attorney…The accused should know that public funds are involved and as such they should not be used to please his ego,” said Nyamadzabo.