Moorosi Tsiane
CRUCIAL evidence in the trial of former army commander, Tlali Kamoli’s two bodyguards who are accused of murder, has gone missing.
The Crown revealed this week that the missing exhibits included seven empty cartridges, six bullet shells and three dead bullets all taken from the scene of the crime as well as one bullet shell and two dead bullets found upon revisits to the scene.
The evidence was supposed to have been handed over to the court on Tuesday but was reported missing. Crown prosecutors said they will try to find the missing evidence.
The two soldiers, Corporal Tjekane Sebolai and Private Selone Ratšiu, are currently standing trial in the High Court before Chief Justice Sakoane Sakoane for the 9 May 2014 murder of Lisebo Tang and attempted murder of his boyfriend Tšepo Jane. The duo also faces the charge of malicious damage to property for shooting at Mr Jane’s vehicle.
Cpl Sebolai and Pvt Ratšiu allegedly committed the crimes when guarding the residence of Kamoli, who is currently languishing in prison over a litany of charges.
They allegedly mistook Mr Jane’s vehicle to that of intruders on a mission to attack Kamoli’s home. The vehicle had been parked nearby with lights on, raising the suspicions of the soldiers on guard.
It is the Crown’s case that they fired shots, using AK47 assault rifles, at Mr Jane’s vehicle, leaving him injured while killing Ms Tang.
Although the trial began in 2019, Justice Sakoane had to start it afresh after it was left part-heard by Botswana Judge, Kabelo Lebotse, who had been brought in to preside over high-profile cases until he resigned in May 2020 citing poor working conditions.
Before his resignation, Justice Lebotse had already heard the Crown’s evidence from seven witnesses.
Justice Sakoane set down the case to run from Monday to Friday this week. It started with the submissions of witness statements as well as some exhibits.
While handing over the exhibits to the court on Tuesday, Crown counsel Motene Rafoneke, who replaced Advocate Lepeli Molapo as the prosecutor, stated that he could not submit the AK47 cartridges and dead bullets as part of evidence as he was yet to establish their whereabouts. However, he submitted two AK47 rifles, medical and post mortem reports, and a photo album of the police who went to the crime scene.
“This matter is being heard de novo (afresh) My Lord, and when I took over, I was made to believe that the fired cartridges and dead bullets were handed over along with the photo albums and only learned yesterday from your clerk that was not the case,” Adv Rafoneke submitted.
“I then made inquiries as to who Justice Lebotse’ clerk was when they were submitted to the court by Advocate Lepeli and I was only informed this morning that Mrs Bokaako was the one assisting him, which means I will have to follow it up with her. However, I managed to rush to the printing shop to get the (photo) albums. What is left is for me to track down those exhibits with Mrs Bokaako.”
However, Justice Sakoane said Adv Rafoneke could not make reference to evidence which was not yet before court.
“Everything in a murder case must connect on a basis of facts not assumptions,” said Justice Sakoane.
Defence Lawyer, Adv Sello Tšabeha, seized the opportunity, stating that his clients’ defence was premised on those missing cartridges and bullet shells. He said their contention was that those missing bullet shells were not fired from their guns.
“We are saying whatever bullets you found, whatever jackets you found, they have nothing to do with us. We have no qualms with a fact that they were found at the scene but they cannot be linked to us. We have nothing to do with what you found at the crime scene because we did not shoot.”
For progress’s sake, both parties agreed that a ballistic report of the crime scene be read into the record and then it will be challenged at a later stage when the forensic expert – who compiled it – takes the witness stand.
