No judge yet for Kalafatis case

 

Speaking to Mmegi yesterday, Nthomiwa said, 'I really do not know about the case.' He stressed that if the case has been registered at the High Court, their system is such that it will automatically assign that case to a judge.

Ntlhomiwa's remarks come amid calls by attorney Dick Bayford for the case to be given priority as it has attracted huge public interest.

He likened the case with that of former Botswana Democratic Party (BDP) secretary general Gomolemo Motswaledi against President Ian Khama last year.  'The case had so much public interest as such it was disposed of expeditiously and even the Court of Appeal was assembled very fast,' said Bayford.  Bayford threatened to launch a private prosecution if the authorities fail to act. He stressed that the public should see that justice is being done but that might not be the case looking at the slow pace of the state on a case of such magnitude. The case reached the High Court two months ago but is yet to be allocated a judge. The highly publicised case made its debut before Regional Magistrate Lot Moroka three months ago.

The Botswana Defence Force (BDF) corporals Dzikamani Mothobi, Goitsemang Sechele, Ronny Matako and Boitshoko Maifala are accused of murdering John Kalafatis on May 13, 2009 at or near Moonland Shopping Complex in Gaborone.

Last April, the four men were brought before Moroka in one of the most anticipated cases ever. If convicted, the men face the death sentence. Initially, they were remanded in custody after committal. However, they are out on bail pending trial. Justice David Newman of the High Court granted the four men bail on conditions that:

*they provide two sureties of P10, 000 each; *be liable for P10, 000 recognisance; *attend court proceedings without fail; and *do not interfere with witnesses or investigations and that they reside at their recorded residences.

The four have been asked to surrender their travel documents to the Extension Two Magistrate's Court and to report to the Central Police Station every Friday. The state is expected to call 21 witnesses.  Assistant Director of Public Prosecutions (DPP) Kabo Leinaeng is handling the case assisted by Ambrose Mubika, while Phadza Kgalemang is the defence counsel.