Delaying tactics' delay murder trial

'ISAIAH MOREWAGAE
Staff Writer | Friday May 21, 2010 00:00

Trial was postponed yesterday on account of what Justice Isaac Lesedi described as 'delaying tactics' by the accused, Tirafalo Benny Motswasele.

The accused, a former policeman, is alleged to have stabbed his former girlfriend, Tshegofatso Phelelo, and killed her with a sharp instrument last year January in Phokoje in Gaborone.

Motswasele pleaded that he was not ready for trial because he had not consulted with his lawyers.  He also asked that Justice Lesetedi recuse himself because he was bound to be prejudiced because he had previously refused him bail.

Lesetedi dismissed the application finding that: 'The application is materially and procedurally defective in a number of aspects'. Having granted recess for the examination of Motswansele's health, he also discovered that the father of the accused had written a letter to his son's lawyer, Busang Manewe, pointing out that he was no longer able to continue.

'In the letter Manewe stated that Motswasele's father who was to instruct him has since advised him that he was unable to do so any more'' Lesetedi added.

Lesetedi also told the court that the medical certificate revealed that Motswasele was fit to stand trial. The deceased's family attended in large numbers. Keletso Kgathi represents the state while Motswasele appears in person.