According to the charge sheet, Thusego Masisi, 34, Onneetse Molefhe, 34, and Maxwell Fanikiso, 37, were allegedly found in possession of a 12.6 kg elephant tusk near Nzano Mall in Francistown on March 27, 2020.
The charge specifies that they had no permit or licence for the possession of the tusk, which was being transported in a BMW car with registration B 239 BEM and valued at P24,000.
During the court proceedings, Masisi's attorney, Mongiwethu Nehwati, conveyed that her client, upon arrest, had the chance to inspect the tusk at the police station. At that time, it was broken but not cut at its tip, as it is currently presented in court. In response, Molefhe stated he had nothing to add, while Fanikiso echoed Masisi's sentiments.
Meanwhile, when the court went to Kutlwano Police Station for an inspection in loco (to enable the court to observe real evidence in addition to oral evidence), Nehwati reminded the court that a previous order granted the car owner the right to possess but not sell the vehicle until the conclusion of the case. As per the law, if it's proven beyond reasonable doubt that the BMW was unlawfully transporting the tusk, it will be forfeited to the state.
The trio is scheduled to appear in court on February 1 and 2, 2024, for the continuation of the trial before Principal Magistrate Tshepo Magetse.
