The state and the defence had been at loggerheads over the admissibility of Nthibo's statement. The defence wanted the court to throw out the statement, arguing that it was made under duress. Bushy Nthibo was initially charged with 11 other men for the crime. However, Moroka recently acquitted Jabulani Johnson, Otsile Mosarwa, and Jenamo Mfana as he found that evidence by the state did not link them with the alleged crime.
Further Moroka had ordered that the case would proceed with or without one of the defence attorneys, Duma Boko. This was after an attorney from Boko's company, Aobakwe Monamo indicated to the court that Boko would not be present, hence the request for a postponement. Boko indicated through a letter that he had to travel to the Far East on a client's trip. Another defence attorney Langwane Langwane also told court that he had difficulty with the case because allegations levelled against his client were intertwined with those represented by Boko. He told court, however, that he was ready to proceed.
