This is in a case in which John Johane (55) is charged with shooting and killing Teedzani Mosithedi on May 1, 2004 at Monarch in Francistown.
"Where did you draw your sketch plan, in reality or memory? I think you got it from somebody else. Are the details on the sketch plan what you saw at the scene? Is it the truth that you want to present to this court? Did you draw this sketch plan from memory or reality?" Justice Mosojane asked.
To which Useng replied that he felt other details of the sketch plan were not necessary and that most details were from his own memory. He also said the reason he only drew the sketch plan on the April 28, 2005 was that the murder scene was photographed, though the photographer could not locate the film later.
After Useng had explained the details of his sketch plan, Mosojane dismissed them as irrelevant to the case.
Useng said at around 2200hrs on April 30, 2004, while he was stationed at the Central Police Station in Francistown, he received a report from Sub-Inspector Nkala that a person had been shot dead at Monarch; he had then proceeded to the location.
"Upon arrival, I told the accused that I am Inspector Useng. The accused (Johane) then handed me the shotgun of numbers 156920 before telling me that he used it to shoot the deceased. I then proceeded to take the shotgun, opened it and found an empty cartridge inside before seizing them as exhibits. The accused (Johane) told me that the deceased attempted to steal from his car but stopped him by shooting at him before he (could) do that," Useng told the court.
He said he recorded statements from the accused person before arresting him. He also stated that a post-mortem examination was arranged with a certain Dr Patnaik and that the report was given to him. "The gun was taken to the police forensic department and later I received the findings before cautioning the accused on a charge of murder," Useng said.
The post-mortem report, a confession statement and the shotgun were all used as exhibits before court.
Shortly after he had given his evidence, Useng was cross-examined by state prosecutor Pascal Mhandu: "On the night of the (crime), did you inspect the accused's premises? Did you draw the sketch plan in the presence of the accused and when did you draw it?
Useng replied to all the questions in the affirmative, adding that he had inspected the premises of the accused "thoroughly".
But defence attorney Gabriel Kombone of Phumaphi Chakalisa and Co. challenged Useng's sketch plan: "Your sketch plan is poor because there are no cardinal points except north only. There are no entrances to the main house, no second gate in the yard where this crime was committed.
"In addition, your sketch plan was drawn eight months after the shooting incident. That raises a lot of questions about its accuracy." Kombone said Useng's memory was poor because the Hilux in the sketch plan was not there on the night of the shooting incident. "The cars that belong to the accused are only an Isuzu and a Cressida," he said.
