Man tells court: ‘why i refused to give police breath specimen’

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JWANENG: A young man who last year June refused to give police his breath specimen after allegedly found drinking and driving has told the magistrate court here why he told the officers off.

Ramotswa-born Clement Mooketsi, 26, a marketing executive, appeared before Jwaneng magistrate Segametsi Basinyi last week, to answer for one count of failure to provide breath specimen when required by a police officer to do so.

First to take the stand was state witness, Inspector Kgopolo Moshebashebi of Jwaneng who told court that on June 20, 2014, he was deployed to patrol during desert race in Jwaneng. He said he saw a vehicle driven by the accused person, making a u-turn at a circle and they stopped him, only to be met by a strong smell of alcohol in his breath.

Inspector Moshebashebi said he took the accused to the police station to do the test. He said he also advised him that if he is unable to provide breath due to medical reasons, he could provide a blood specimen through a doctor for alcohol testing.


Moshebashebi said they were surprised when the accused “purposely and intentionally gave low breath to the machine, of which the machine produced results that shows insufficient breath supply.”

In response, Mooketsi told court that he was humiliated and intimidated by another state witness, a Constable Masibi.

He (Mooketsi) said Masibi got angry with him when he demanded to see his (Masibi) certificate of competence to operate the machine.  Mooketsi said though Masibi claimed he was qualified to operate the machine, he failed to show the certificate to the accused as he said he left it in Gaborone.

Inspector Moshebashebi  agreed with the accused that it was unlawful for the police officer to refuse to show him the certificate of proof of competence. The accused further said he produced insufficient breath to the machine because he was crying from the humiliation and intimidation. He will appear again on June 18 to apply for no case to answer. Still in court, the prosecution withdrew charges against 31-year-old Thero Tsimakane of Kanye due to lack of evidence that linked him to the offence.

Tsimakane and his co-accused, Gabatlale Modise was facing four counts of burglary and stealing from a dwelling place.

The duo are alleged to have entered a house belonging to an English man Van Westhuizen in Unit 1, Jwaneng, and stole goods amounting to P3,700. The following day, according to the charge sheet, they entered a house  in Unit 8 and stole goods amounting to  P21,000 belonging to  Andrew Mongae.

Modise, 36 pleaded not guilty to the four offences and the prosecution revealed that they intend to call 15 witnesses to testify.

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