The Directorate of Public Prosecution (DPP)’s delay in serving justice has led to the Francistown High Court granting Onkabetse David a stay of prosecution, after waiting for 19 years for his murder trial to commence.
A delay Judge Tshekiso Tshekiso said is far too long for any person to be still awaiting trial. He emphasised, “If the accused had been tried and convicted, in the event of a sentence other than death, it is possible he would have completed his sentence.”
In 2006 David was charged for allegedly murdering one Oteng Moruti in Gerald Estates, Francistown, during an altercation where the deceased is said to have threatened to stab David to death.
In a fit of rage, Moruti allegedly attacked David with stones, as he tried to flee from the attack of terror. David’s escape proved futile, until he got hold of a metal rod and threw it at Moruti.
In his application for permanent stay of prosecution, David said the intention of throwing the metal rod was to scare Moruti off as he was unrelenting in chasing after him and throwing stones.
“The rod hit the deceased on the head and caused him to fall down. It is from this incident that the deceased died,” cited Judge Tshekiso
“He was arrested the same day and remanded in police custody. Shortly thereafter he was arraigned in Court for murder and remanded in custody for around a year before being granted bail in 2007 on condition he reports himself to the police every month.”
A bail condition David complied with until the day Judge Tshekiso pronounced him a free man.
Delivering the ruling Judge Tshekiso said the unexplained delay of 19 years calls for nothing but permanent stay of prosecution.
“The Court should never get in a position where it considers an application for permanent stay of prosecution without an answer by the State, especially in a case where the accused was not prosecuted for almost 20 years like in this case. The State having failed to proffer an answer to the application, failed in its duty, not just to the public but to the Court as well,” emphasised Justice Tshekiso.
Francistown High Court Judge said, “the grant of permanent stay of prosecution paints the office of DPP in bad light and subtracts from the general good name of the Administration of Justice. Leaves those aligned to the victim with unanswered questions on the guilt or otherwise of the accused. The result is scorn on the courts and disdain for the rule of law.”
Justice acknowledged that the DPP is faced with resource constraints, but said these limitations do not justify the inordinate delay.
Onkabetse who was 25 years when he was first charged with the offence in 2006, has spent half of his youth contending with a pending murder charge.
Justice Tshekiso described David as an exemplary young man who was being silently oppressed by the DPP, whose duty is to safeguard public interest and the competing constitutional interests’ individuals such as fair trial in the most reasonable time.
David’s matter had been on the High Court’s roll for five years and awaiting trial for close to 20 years.
“Many times, extending to more than a year the case was called in Court with no substantive appearance from the state, with stand in prosecutors appearing without instructions from the substantive prosecutor,” ended Justice Tshekiso.
