Key witness in Setlampoloka murder may be dropped
Innocent Selatlhwa | Friday September 15, 2017 13:37
The two attorneys yesterday seethed with anger over extended delay of the case by key witness Unopa Makhombe as he failed to appear in court under sketchy circumstances.
Busang Manewe and Kgosietsile Ngakaagae represent the six police officers – sub-inspector Ranto Mmeleki, constables Tebogo Khutsafalo, Kabo Ramohibidu, Patrick Gobotswang, Michael Ramhibitswana and detective assistant superintendent Dithuso Dintwe.
This came to the fore after the prosecutor Dumisani Marapo, when applying for a postponement, presented to court a sick note from Makhombe. “I went to get a note from the doctor who has been attending him at Marina. Unfortunately it does not state whether or not he is fit to give witness in court. I was advised that we would have a full report in two weeks detailing his state. This morning I received a sick note from him declaring him unfit,” he said.
Makhombe, who last week Monday told Gaborone High Court that he was present when the police killed Setlampoloka, failed to appear yesterday, on Monday and last week Thursday, where he was to be cross-examined by Ngakaagae and Manewe.
The attorneys are of the view that Makhombe is playing hide and seek as he knows that he lied to court and does not want to be cross examined.
Manewe said they were fed up with Makhombe’s sick notes, which never indicate that he could not stand in court. “For eight years now Makhombe has been delaying the case due to ill health. Last year he was said to have been in a comma when he was to appear for trial, we requested a medical report and to this day only a verbal submission by the prosecution was recorded. Our clients are suffering because of this witness, they have been earning half salary and also missed opportunities for promotion because of this case,” he said.
Ngakaagae said it did not make sense that Makhombe was said to have gotten a sick leave from Phase II clinic while he was said to have been receiving medical attention from Marina. “Clearly he went around to unsuspecting clinic for a sick note.
We are also worried about the anticipated doctor’s report. It has to indicate that he is unfit for giving evidence in court because a regular sick note can only mean that one is unfit to perform a particular job and could give evidence in court. This will be their last chance as we cannot continue having our clients suffer at his hands,” he said.
Justice Leatile Dambe said it was crucial that Makhombe be present in court so that he be cross-examined by the attorneys. Dambe said it was understandable that the defense attorneys could smell a rat and called on the prosecutor to ensure that they got a comprehensive report on Makhombe’s health at the next mention.