Reinstated Judge finds work waiting
Tumelo Mouwane | Tuesday April 4, 2017 16:04
The case, which is due for judgement, involves Gagotshwane Ramatlopi (26) and Kabo Ngwako, also 26, who a facing a single charge of murdering Phologo Olefile on August 12, 2009.
The murder was committed in Basarwa lands near Molepolole, and the trial commenced in 2015.
Thirteeen witnesses testified. The duo allegedly murdered Phologo after a short scuffle over a cigarette when they were walking home from a drinking spot at night.
Upon completion of the trial process, Busang was suspended from his duties before he could deliver the judgement.
The matter was subsequently allocated to Radijeng for re-trial, which was scheduled to take place yesterday and today.
Tema said apart from the fact that the Judge who was initially handling the matter has been reinstated, trial could not re-start yesterday since the pre-trial process was not followed.
He further pleaded with the Court to refer the case back to Justice Busang since it was at an advanced stage at the time of his suspension.
“Apart from the fact that the Judge who was initially handling this matter has been reinstated, it could have been impossible for trial to re-start today (yesterday) because the pre-trial process, including admissions and confirmation of pleas has not been done.
Furthermore, this case was at an advanced stage at the time of the suspension of the substantive Judge.
“The case was only awaiting judgement and we are of the view that the best thing to do is to refer the matter back to the Judge for judgement,” Tema said.
Subsequently, Radijeng referred the case back to the substantive Judge and a status hearing will be on June 7.