Judge throws out murder charge

FRANCISTOWN: Justice Professor Kholisani Solo has thrown out a murder case in a no case to answer ruling stating that the evidence of the prosecution witnesses fell short of linking the accused to the said crime.

The accused person Onyatso Dibebe Madisa who was represented by Keabetswe Majuta of Elijah Attorneys walked away a free man when the judge made a decision that the case against him was too weak to proceed."No direct evidence has been led to effectively link the accused in this case with the offence," he said.Madisa was charged with murder for allegedly killing Joshua Machira in Rakops in June 2, 2009.

Judge Solo stated that all that was in the evidence was the aggressive mood that the accused person was in on the date in question."Perhaps the clearest evidence de-linking the accused from the offence is that of the DNA analyst whose evidence was admitted in terms of Section 273 (1) of the Criminal Procedure and Evidence Act (CP&E)," said Solo.He stated that the DNA profiles obtained from the bloodstains of the deceased person's clothes were consistent with the partial DNA from the control blood sample of the deceased person.

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