Defence counsel recuses himself from murder case

TEBOGO KGALEMANG
Correspondent | Wednesday February 23, 2011 00:00

Pro-deo counsel Jost Isaac made an application before Justice Modiri Letsididi that he part ways with one Mpho Kgoberego stating that they are differing in many issues to do with the case. Mpho Kgoberego and his brother Lethametse are both facing a murder charge.

'I apply to part ways with him. As of today I will not be acting as pro-deo counsel because it seems we are differing in many things. Both him and his co-accused had pleaded guilty in the morning but now he has changed his position saying he did not hold the knife,' Isaac argued.

Initially the two brothers Lethametse and Mpho Kgoberego appeared before court in the morning charged with the murder of Boitumelo Ketlhagile.

The prosecution had called all their witnesses. The defence counsels, Jost Isaac and Opeyemi Ajayi indicated to the court that both the accused wished to change their plea of guilty. The case was as such adjourned to the afternoon, giving allowance for the prosecution counsels to prepare the facts.

When the case resumed in the afternoon, counsel Isaac who was representing Mpho stood up and told the court that there were changes of circumstances again. He said his client being the second accused had again changed his position.

Isaac told the judge that while both the accused persons had pleaded guilty in the morning, Mpho had since changed his position saying he did not hold the knife. Counsel then decided to stop representing Mpho.

The prosecution counsels Jabu Oteng and Gofaone Morweng then applied for separation of matters under section 176 of Criminal Procedure And Evidence Act. The section states that when two or more persons are charged in the same offence, court may at any time direct that they be tried separately.

The court then dealt with the matter of the first accused Lethametse alone, while Mpho was ordered to come for  mention  on April 8, to make arrangements for another  pro-deo counsel.

Lethametse was convicted and sentenced on his own guilty plea. He was sentenced to 12 years imprisonment. Judge Letsididi had agreed with Lethametse's counsel Ajayi that indeed there were extenuating circumstances in the matter.

The judge had considered all factors raised by the defence counsel as extenuating circumstances. 'In considering an appropriate manner I have considered all factors of your attorney. I have treated you as a first offender and considered the fact that you have pleaded guilty. You were also at a youthful age during the commission of the offence,' the judge stated.

The facts of the case read that Lethametse and others were some time in 2006 in Serowe entertaining themselves in a shebbeen drinking chibuku.

When the shebben owner went inside the house to play music, (the now deceased) Boitumelo Ketlhagile ran into the same house fleeing from Lethametse and ultimately tried to close the door on him. However Lethametse overpowered him and subsequently, drew a knife from his pocket and stabbed Ketlhagile. He later died of the stab wound to the heart.