FRANCISTOWN: A Judge has ruled that the confession statement made by a murder-accused person, Raphael Chabaesele, before former Magistrate Clifford Foroma has been voluntarily taken.
Chabaesele allegedly murdered Mogopodi Monnawatlala at or near Ditlhatswaneng cattle post in the North West Administrative District of Botswana between April 9 and April 13 in 2012.
The accused allegedly captured Monnawatlala riding one of his horses and later shot him with a gun.
Chabaesele allegedly shot Monnawatlala after he accused him of being one of the thieves who were in the habit of stealing his livestock.
Chabaesele through his attorney Kesegofetse Molosiwa had made an application of a trial within a trial before Justice Phadi Solomon saying the confession statement he made before Foroma after he was charged with Monnawatlala’s murder was not free and voluntary.
The accused thus wanted the court
He also wanted the court not to admit the evidence claiming that he was coerced by the prosecutor, Carlos Diundu, to involuntarily make the confession before Foroma under the guise that if he admitted to having committed the offence, the prosecutor would not oppose his bail application.
In addition, Chabaesele alleged that the prosecutor was with the police and magistrate when he made the confession statement.
Reading the operative part of the ruling only, Justice Phadi Solomon said: “The confession statement has been admitted as part of evidence in the main trial. The application for its inadmissibility is hereby dismissed.”