CMS accused to be examined by court appointed doctor

ISAIAH MOREWAGAE
Staff Writer | Thursday December 16, 2010 00:00

 

High Court bound Moroka said yesterday that the court had to ascertain whether Molefhe is fit to stand trial or not.

The case was due to commence on Monday, however it was adjourned due to Molefhe's ill health.  The court then ordered that the case be set down for yesterday when Molefhe's attorney would update the court on his client's health status.

However, upon the resumption of the case, Duma Boko, representing Molefhe told court that his client's health has not improved. He told court that Molefhe was referred to a specialist clinic at which the results of the visit will only abe known today. At that stage, the state counsel Merapelo Mokgosi submitted that it may well be best for a separation of trial between Molefhe and the seven other accused persons. Mokgosi told court that the suggestion was based on the fact that no one is certain when Molefhe will be fit to stand trial. However, Boko suggested that the court exercise patience and wait for Molefhe to recover.

Boko was of the view that it will be prejudicial to Molefhe if Moroka was to grant the separation of trial and then move to the High court. 'It will mean that whoever will take over the case will start afresh as such we feel it will be prejudicial to the accused', Boko submitted. Boko added that it would not help the court in any way if the court decides to deal with the case piece meal. He advised Moroka to rather move with the case to his next station. At the end Moroka ordered that Molefhe, who is in Mahalapye, be seen by a doctor appointed by court and continue with the one he has been seeing all along. 'This is purely to determine whether his ill health does not allow him to stand trial or not', Moroka ordered. The case has been adjourned to Friday when the court will decide whether to order separation of trial or declare Molefhe as fit to stand trial. Moroka is headed to the High Court in Lobatse where he has been appointed a judge. He is due to finish his magistrate case before taking up the High Court post. Molefhe is jointly charged with Abram Marumo, Patrick Cole, Norman Maja, Aaron Babolele, Lebogang Kaisara and Bushy Nthibo on four counts of obtaining by false pretence contrary to section 308 as read with section 307 of the penal code.