Kalafatis lawyers call for priority on murder case

ISAIAH MOREWAGAE
Staff Writer | Tuesday August 31, 2010 00:00

 

Speaking to Mmegi yesterday, attorney Dick Bayford said the case attracted huge public interest and as such should be given priority.

He likened the case with that of Gomolemo Motswaledi against President last year.  'The case had so much public interest as such it was disposed off expeditiously and even the Court of Appeal was assembled very fast,' said Bayford.

Bayford threatened to launch a private prosecution if the authorities fail to act.

He expressed fear that the continued delay could compromise the dispensary of justice, as some witnesses may not recall clearly what happened on the night of the incident. He added that they will be addressing Nthomiwa in the near future if the highly publicised murder case is not deposed off expeditiously.

He stressed that the public should see that justice is being done but that might not be the case looking at the slow pace of the State on a case of such huge magnitude.

The case reached the High Court two months ago and is yet to be allocated a judge.

Efforts to contact Nthomiwa were futile as he was said to be in a series of meetings and his mobile phone was switched off.

The highly publicised case made its debut before Regional Magistrate Lot Moroka three months ago. In the case, BDF corporals Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako and Boitshoko Maifala are accused of murdering John Kalafatis on May 13, 2009 at or near Moonland Shopping Complex in Gaborone.

Last April, the four men were brought before Moroka in one of the most anticipated cases to ever be brought before the magistrate.

 If convicted, the men face the death sentence. Initially, they were remanded in custody after committal.

However, they are out on bail pending trial. Justice David Newman of the High Court granted the four men bail on conditions that:

*they provide two sureties of P10,000 each; *be liable for P10,000 recognisance; *attend court proceedings without fail; and *do not interfere with witnesses or investigations and that they reside at their recorded residences.

The four have been asked to surrender their travel documents to the Extension Two Magistrate's Court and to report to the Central Police Station every Friday.

The State is expected to call 21 witnesses. Assistant Director of Prosecutions, Kabo Leinaeng is handling the case assisted by Ambrose Mubika, while Phadza Kgalemang is the defence counsel.