Judge worried at delays in 'hired killers' case

Tebogo Kgalemang
Correspondent | Friday May 20, 2011 00:00

The three Zimbabweans, who are currently in prison, were initially charged with the accused person but have since turned accomplice witnesses. Chinhengo expressed concern as the matter was postponed again saying that the witnesses in prison are due to be released sometime next month and when freed they would be deported, which might impact the case negatively.

'Because they are foreign nationals, they will have to be deported after serving their term,' said Judge Chinhengo. 'So if they complete their sentence next month, and are deported to their country of origin, the state might find it difficult to secure them for trial. Even if they could secure their attendance, it will be expensive,' added Judge Chinhengo.

The accused person, Olivia Olebeletse Keboletse, is facing three counts of attempted murder, after allegations that in 2006, she attempted to cause the deaths of her uncle Richard Merafhe, Keboletse Mooketsi and Steven Keboletse, in Serowe village.

She is alleged to have hired Keboikantse Dikgakgamatso, Goodwin Maphashike, Collen Constan Nyandaro and Kudzani Maphashike to burn her uncle's house while he was in the house with the other two supposed victims.

Save for Dikgakgamatso the three are Zimbabwean nationals.  Keboletse was charged together with the four 'hired' persons on arraignment in March 2011, but they later pleaded guilty.

They were sentenced to seven-year imprisonment term each and are expected to complete their sentence sometime next month. When Keboletse first appeared for trial on March 15, 2011, lawyers at Chadwick Anderson and Partners said they were not ready with trial then and the case was postponed.

When the case resumed Chadwick Anderson and Partners applied to be excused from representing the accused person, citing professional reasons.

The accused was appointed another counsel and the matter postponed to May 11 this year. On that date the accused faxed a sick leave from a private clinic noting that she was not fit for seven days. 

After receiving the sick leave, Judge Chinhengo ordered that she be taken to a government doctor and it was certified that she was not fit for two days. The trial was then postponed to May 18.

On the latest date the accused started vomiting in court before the court session resumed. A group of people from the supposed victims' relatives could be heard whispering among themselves, saying 'motho yo ga a lwale o dira maretshwa a go diya tsheko'. Keboletse excused herself to the toilets until the judge arrived.

Defence counsel Keitshegile Sechele advised the court that the accused was unwell and he applied for her to be examined by the doctor. Thereafter Chinhengo asked Sechele if they had any medical proof, and to this Sechele said: 'The accused did not go to the doctor because she feared that the court might think that she was avoiding to be tried. Because last time when she brought a medical report the court ordered that she be taken to be examined by a government doctor,' said Sechele

The judge then directed the security and prison officers to bring the accused person before the court, following an application by chief prosecution counsel Keneilwe Lephalo.

Lephalo submitted that, 'Before the defence counsel's application is granted, the accused may be called before the court, for the court to see with his own eyes how the accused is, and may be further refer her to be seen by a government doctor'.

After the accused took a seat in the gallery, Judge Chinhengo said it appears to him that she is unwell.

He however, said if the accused is genuinely ill, the court will postpone the matter so that when the trial commences the accused is physically well. Chinhengo stated that delays in cases by the accused persons are many and as such the court should certify in every case that the accused person is really ill.

'That is why the court will need a certificate that Keboletse is not well and unable to attend,' Chinhengo said as he directed that Keboletse be taken before a government doctor to be examined if she is fit or not.

He stressed that the accused be examined as soon possible and that the doctor should report details in an affidavit and on confidential basis to the court. The next date of trial is yet to be determined by the court.