Murder accused made voluntary statement - Magistrate

ISAIAH MOREWAGAE
Staff Writer | Friday September 9, 2011 00:00

Sibanda told court that he followed laid down procedures when recording the confession statement.  Sibanda told court that after a month or so, Thusang came back to his chambers saying that he wanted to amend his confession statement.  Sibanda told court that he turned down the request by Thusang on the basis that there is no law that allows for the amendment of a confession statement.

However Thusang has since disputed that he made the confession statement voluntarily.His attorney Dumezweni Mthimkhulu objected to the testimony saying procedures were not followed.  He said the magistrate did not ensure that the police officer was not in the vicinity of the interview room.  'We are not told whether the magistrate ensured that the police officer was not anywhere near the interview room. He just told us that he asked the police officer to excuse 'us',' Mthimkhulu said.

After the submissions, Lobatse High Court judge Michael Leburu then ordered a trial within a trial to determine the admissibility of the confession statement.

Agisanyang Motukwa, a former prison warder, is the first accused in the murder of his father Motlhanka Motukwa on August 12, 2008 at Ntlhantle village.  His co-accused are Daniel Sime, Thusang and Modise Sekai.

Sekai who has since turned state witness had told court that Life insurance was Agisanyang's motive for planning and executing the murder of his father.  Sekai told the court that Agisanyang wanted to claim the life insurance money.  Sekai testified that Agisanyang, who had insured his father, had also planned to have his maternal aunt as well as his grandmother killed.  He had put a life insurance policy on them too.

Shame Taimu represents Motukwa, Moses Kadye represents Sime and Mthimkulu represents Thusang.  Senior State Counsel Dumisani Marapo appeared for the State.  The case continues.