The Gaborone Extension Two Magistrate's Court made the order after the prosecution alleged that Mogae had initially refused to be fingerprinted. Magistrate Nokuthula Moyo earlier on, discharged her of the offence of driving a motor vehicle while unfit to do so, but convicted her on failure to submit breath specimen. She said that the state had failed to prove beyond reasonable doubt that Chedza was high on alcohol or drugs when driving her Isuzu Double Cab on the night of June 17, 2006.
Details of the case are that on the night in question, the police spotted a vehicle parked on the road along Independence Avenue off Nelson Mandela Highway. They went to enquire and found Chedza sleeping inside. Upon waking her up, they claimed, she sped off, driving in a zig-zag manner. They were able to stop her and they drove her to the Gaborone Central Police Station where she refused to be breathylised
Magistrate Moyo said that the state witnesses - four police officers - have given conflicting statements on what transpired that night. She said that the police were inconsistent on whether the accused drove in a dangerous manner, smelled og alcohol, or was staggering while at the police station. She wondered why a police officer who drove Chedza to the police station did not smell alcohol on her when they even spoke to each other on the way. She said the evidence by the police officers did not assist the state's case against Chedza.
