Magistrate threatens warrant of arrest for Boko

ISAIAH MOREWAGAE
Staff Writer | Friday July 30, 2010 00:00

 

'We are on the brink of issuing a warrant of arrest against your attorney because his conduct borders much on contempt of court,' the magistrate told one of Boko's clients, Patrick Cole. Moroka was concerned that on a number of occasions, Boko would come late and apologise to the court. 'The court would sometimes adjourn at his instances when he would not appear,' he said.

He stressed that the court can no longer wait for Boko. 'We have waited for so many times for Mr Boko and we can no longer postpone at his instances,' Moroka said. Boko's non-attendance meant that testimony by a cell phone expert was not tested.

The state had called James Rodgers Ntabatsinde to testify in connection with Cole's Black berry cell phone, which was allegedly used in the commissioning of the crime. The witness told the court that he was able to retrieve information linking some of the suspects to the crime.

Despite, Cole's plea for postponement, the case went ahead. He reasoned that he was incapacitated in questioning Ntabatsinde, as the witness' testimony was too technical for him to cross-examine. He told the court that he tried to get in contact with Boko but his phone rang unanswered.

He said that staff at Boko's offices told him that they do not know his whereabouts. However, the court later heard that Boko was in Maun hence the state pushed for the case to proceed. State attorney Priscilla Israel reminded the court that at the last appearance, Boko asked to be allowed to come an hour late in the morning as he had another matter at the Village Magistrates Court.

Israel said the accused and their attorneys had been warned about their conduct and if one decides not to attend scheduled court appearances, the case has to continue. The case was adjourned until August 20 when the state is to call its last witness.