CMS-accused demand their freedom

MPHO TLALE
Correspondent | Thursday November 11, 2010 00:00

At the close of the defence case yesterday, one of the accused, Jabulani Johnson, argued that the accomplice witness had given contradictory evidence during cross-examination. He said there were no telephone conversation records between him and the accomplice witness  to prove the claim that they ever had contact.

He further told court that there is no evidence suggesting he signed any documents used in the commissioning of the crime.

Johnson, therefore, urged the magistrate to acquit and discharge him. He prayed to the court to order the state to return the money that was confiscated from him.

Another accused Bushi Nthibo contended that the accomplice witness did not know whom he dealt with at the time the alleged crime took place.

He distanced himself from the commissioning of the crime saying that the accomplice witness confused him with someone that he (accomplice witness) dealt with when they signed the alleged document.

He further submitted that the evidence given against him states that he was still an employee of the Ministry of Health (MoE) on February 17, 2008 whereas he had started work at Debswana mining company on February 1, the same year.  

Defence attorney Thabiso Tafila also told court that his clients should be acquitted forthwith. Tafila contends that evidence presented against his clients does not link them to the alleged crime. Tafila said that the accomplice witness acted on his own and it is only after the crime was committed that he approached others.  He cited Section 22 that deals with joint offenders, saying that it does not involve the persons who helped after the crime as part of the offence. Tafila also said that the accomplice witness, when giving his evidence, said that he was drunk most of the time so he could not piece all the activities together and wanted to be pardoned.

Tafila also dismissed the state case saying the investigating officer failed to make a case against the accused and further gave court contradicting figures under cross examination

Another attorney Langwane Langwane stressed that the evidence presented against Aaron Babolele and Norman Maja is not enough to link them to the crime.

Much to the laughter of the court Langwane said 'the state thought it would go Hollywood style with car escorts and Btv camera rolling' to a case that is based on rumours which will never be fact.

Duma Boko was not present to represent his clients. The state will respond today.