A key witness, Assistant Superintendent Kebaitse Molefhe, told the court that he was investigating both cases of assault lodged by his colleague, Constable Moses Ndlovu, and the accused. However, he said he believed Ndlovu's account that Tshosa had assaulted him and that no police officer had laid a hand on Tshosa. The defence team, which is made up of Omphemetse Motumise and Batlhalefi Moeletsi, demanded answers regarding who had completed a complaint form. When Ndlovu said he did not know, the defence sought to know why he (Ndlovu) had written two conflicting statements. Molefhe also said he did not know who had completed the form and had not even bothered to verify its content because it was not important and was not going to be used in court. The information in the complaint form was to be transferred to the statement deponed by the complainant, Molefhe said. Asked whether it was not a part of his responsibility to know who had completed the form, he responded that it was completed by one of his officers. The defence pressed on and wanted to know why Ndlovu had written two statements, one of which did not conform to the Standing Order No. 13 of the Botswana Police Service that it should carry the date, the time and place of where it was written.
The defence also pointed out that the statement was not commissioned, to which Molefhe responded to the effect that the other docket had already been submitted to the officer commanding, hence it was not possible to commission it. Molefhe said there was no Commissioner of Oaths at that time. However, Motumise put it to him that he had failed to perform his duties in accordance with what is expected of him and the position he holds.
