Defence attorney launches scathing attack on prosecution

GALE NGAKANE
Correspondent | Tuesday January 12, 2010 00:00

Tshekiso Tshekiso of Kgalemang and Associates is representing Albert Kenosi (27) and Edwin Ookeditse (25) at the Francistown Magistrate Court in the case, which initially involved four others, who appeared in person.Two of the men have had their charges withdrawn. They are Keabetswe Mugabe Mokanyane (20) who is said to have disappeared without trace and 24-year-old Shandulo Letshola who has since turned accomplice witness.

The two others who appeared with Special Constable Kenosi and unemployed Ookeditse, who appeared in person are 29-year-old Lastboy Thomas, who is unemployed and Agisanang Johnson (24) who is a police Special Constable.

The four whose offences were committed on three separate occasions in March, April and July 2006 are facing charges of burglary and stealing from a dwelling house. They are alleged to have broken into a house belonging to a man of Chinese origin, Chang Quing Jun on the above stated dates and stolen various items that included expensive liquor, a Swiss watch valued at US$2,000 and three polished elephant tusks that have since been recovered.

Apparently, Wednesday morning and the following day Thursday had been set as trial dates as far back as December last year.But on Wednesday, the prosecutor, Gasemotho Pitlagano was at pains to explain that the complainant (Chang) has since relocated to his native country, China and that they have been trying to locate him.

'The last time we did so was yesterday (Tuesday). Since September 16, 2009, we (the prosecutors) had been led to believe the police were doing something about tracking down the complainant.It was only yesterday (Tuesday) that we learnt that the police have been doing nothing at all to locate the complainant. There is even a suggestion that we must now involve Interpol in the matter,' he said, asking the court to give them time to track down Chang.In his counter attack, Tshekiso argued that because of his difficulty in comprehending Pitlagano's explanation, he was on the verge of applying for the acquittal of the two men he is representing in the case.

'I alerted the state as far back as September 2009 that the complainant has relocated to his native China. I also made an inquiry as to what was being done to locate him to come and attend the trial.'I expected that as an officer of this court, whatever I say in this court must be taken seriously because it is not an informal conversation out there in the street.

Today (Wednesday) and tomorrow were confirmed as far back as December, 2009 as trial dates. The state had ample time to have the complainant brought to Botswana to attend the trial.

'It is difficult to understand how the office of Directorate of Public Prosecutions can wait from September 2009 to January 2010 for a response from the police when their offices are within walking distance of each other,' said Tshekiso, who threatened to use Section 150 subsection 4 of the Penal Code to call for the acquittal of his clients.

Magistrate Peggy Madandume said she would give the prosecution until January 22 for them to put their house in order. On that date, the trial will resume, hopefully with Chang present in court.