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- State withdraws case with liberty to re-instate
In a new turn of events the State has withdrawn a case in which a Botswana Democratic Party (BDP) Specially Nominated Councillor, Keebonye Mphoyamodimo and seven other co-accused persons were charged with murder and assault occasioning actual bodily harm.
Mphoyamodimo who was the first accused in the matter together with seven other men were charged with murder of one, Agang Modibedi and occasioning bodily harm to Dipuo Nkhana in an alleged organised mob justice over a donkey.
The other accused persons were, Howard Moyo, Mmoloki Makhi, Bonolo Dibebe, Leapotswe Mabudula, Oaboloka Keletso, Kabo Moyanthweng and Modimoosi Tseladioka.
The group was alleged to have attacked the victims accusing them of killing a donkey belonging to one of them. Both incidents are alleged to have occurred on the 29th of October at Polokabatho cattlepost in Maun.
Appearing before Maun Principal Magistrate Gofaone Mosweu this week state prosecutor, Dimpho Ogotseng pleaded for the matter to be withdrawn with liberty to reinstate. He argued that there are some statements which remain pending hence pleading to be given time to collect all necessary documents and complete the investigations.
The defence council Charles Tlagae of Tlagae Attorneys did not oppose the withdrawal and reinstatement once investigations are complete. Mosweu subsequently granted the application to withdraw the matter.
The accused persons whose plea was reserved are alleged to have on that fateful day proceeded to the said cattle post in pursuit of the deceased, Nkhana and one Duncan Senyatso who reportedly fled the scene. The accused persons found the trio who by then were allegedly armed with knobkerries and an electric cable. “The accused persons confronted the deceased in order to disarm him but rather a fight ensued between them and the trio,” read particulars of the offence.
It is alleged that the accused persons then managed to tie both the deceased and Nkhana with a rope before repeatedly assaulting them. They are reported to have thereafter loaded them in a vehicle belonging to the councillor in order for the victims to lead them to the remainings of the donkey.
According to court papers, upon arrival at the scene it however emerged that the donkey instead belonged to none of the accused but rather to one, Dineo Maru, a resident of the same cattle post. Following this discovery, the accused persons are said to have drove to Maun with an intention to hand over Modibedi and Nkhana to the police but on their way the deceased became unconscious and they instead rushed him to the hospital where he was certified dead upon arrival while the other victim was hospitalised.
Prior to the withdrawal of the matter this week, all the accused persons were out on bail.