Molapo alleged before Justice Lakhvinder Singh Walia that on the night before being taken before a District Officer (DO), he was assaulted for one-and-a-half hours by Gumare police officers.
Esia Molapo is facing a single charge of murder in which the state alleges that he murdered Molapo Divonge on September 4, 2003 at Ikoga village.
After prosecution witness Constable Dintle Maseko had given his evidence-in-chief, Justice Walia told him the reason for the trial within a trial was that there were allegations that Molapo was badly treated.
"Did you at any stage beat up the accused person or conduct an improper interrogation, or deny him food?" the judge asked, to which Maseko answered in the negative.
Justice Walia took issue with the fact that Maseko was arrested on September 5, 2003 but was taken before the DO to make a confession statement three days later:
"Why was he delayed before being taken before the DO?" Constable Maseko ascribed the delay to police investigations.
Justice Walia was also disturbed by the delay in bringing the accused before court. He observed that Molapo had not appeared before the magistrates' court in Maun until September 11, 2003, nearly a week after his arrest, whereas the law dictates that an accused person be brought before court within 48 hours of arrest.
Maseko annoyed Justice Walia when he replied that he had thought there was a warrant signed by a judicial officer for Molapo's arrest.
The judge was also perturbed by the witness's claim that after ushering Molapo into the DO's office, he had left the two together and went back to the police station.
"Isn't it dangerous that you left with the DO a man charged with murder? Were you not scared that he might kill somebody or escape? You want us to accept that you treated him like royalty?
"As you have stated that you asked if he was beaten by any police officers and all that, you want me to believe all that?" Maseko replied in the affirmative.
The case continues.
