Prosecutor Wesson Mancwe told the Gaborone Regional Magistrate Court on Friday that the case may have to proceed without them.The Occurance Book, Cell Register, Prisoner's Property Register, and Out Patient medical card have gone missing. The defence has made application to be furnished with the original documents after the prosecution witnesses gave contradicting testimonies on what transpired on May 22, 2010 when the judge was arrested for allegedly driving a motor vehicle while under the influence of alcohol. He is also alleged to have assaulted a police officer during the scuffle. On the other hand, the judge is suing the state for unlawful detention and assault. He says that the police assaulted him during his arrest before detaining him.
Inspector Motsamai Mabeka took the stand on Friday saying that he ordered the arrest of Tshosa on the grounds that he smelled of alcohol after he was involved in a car accident, which involved another vehicle. Though he omitted to put in his May 23 (2010) statement any information regarding Tshosa's drunkenness, he said that after reading it in preparation for trial he remembered that Tshosa smelled of alcohol. This did not go down well with defence lawyer, Omphemetse Motumise, who wondered why it was only this year that Mabeka remembered the issue of alcohol.
