Connect with us
Advertisement

Police killed suspect, concealed evidence – Lawyer


A police officer has been accused of assaulting and killing an armed robbery suspect and conniving with other police officers to conceal the truth.
Gaborone based private attorney, Martin Dingake suspects that Constable Mudongo Mudongo of the Criminal Investigation Department (CID), formerly based at Molepolole Police Station has everything to do with the disappearance of the Molepolole man, Olefile Momphitlhi who went missing while on Police custody in 2011 under suspicious circumstances.


Dingake further blamed the Police for the mysterious disappearance of vital Police records that could have connected the Police to the brutality.


“Mr Mudongo,  I put it to you that you assaulted Mr Olefile Momphitlhi and as a result of the assault you inflicted on him, he died whilst in your hands…I further put to you Mr Mudongo that you then disposed off his body…I put it to you Mr Mudongo that after disposing the body you went on a grand scheme from then up to today to conceal the truth and you refuse to take responsibility for the consequence of your actions,” Dingake challenged Mudongo before the Lobatse High court on Wednesday this week.


When Mudongo denied the accusation Dingake further accused him of peddling lies with intention to deceive the court and defeating the ends of justice.


“You know deep down what you did to Olefile Momphitlhi and his body and that you will do everything at your disposal to crash anything done by anyone seeking to expose the truth. And you lie, repeatedly and that is why you, Kristen and Phuku fail to state the facts of what transpired that night. Each one of you has a different story. You are not telling the truth,” Dingake asserted.


Kristen and Phuku are Police officers who were with Mudongo when Momphitlhi went missing, who have all denied ever laying a hand on him. However a suspect who was in the same police holding cell with Momphitlhi on the night of 7 August, 2011 told the court that he heard Momphitlhi’s agonising screams that night and that he knew that the Police were torturing him as they had threatened to do so if he refused to tell the truth about the getaway car which was used during the armed robbery.


The same cellmate, Mothusi Popego was a suspect in the same robbery case that Momphitlhi was arrested for and he told the court that he was also brutally assaulted by the same officers before Momphitlhi’s arrest.


Momphitlhi was the last of the three suspects in the armed robbery case to be arrested. He handed himself to the Police after hearing that they were looking for him. His car was used in the robbery a few days earlier at Taj filling station in Molepolole where about P300 000 was stolen.


Mudongo admitted before the court that he was excited upon arresting the last witness. Dingake then suggested that in the excitement, the officer assaulted the suspect when he could not give him the information he wanted.


Contradicting statements by Police Officers

All the Police witnesses who appeared before court maintained that Momphitlhi escaped at Old Naledi where he had led the police as he said the car was there. He had allegedly said the car was in his uncle’s possession.


However the three police officers who were with him then, differ on critical details of the alleged escape. In fact Mudongo dismissed some of the evidence brought forward by the Police as untrue. He also admitted that he had made errors in his own submissions before the court which Dingake found to be deliberate and well planned errors whose sole intention was to frustrate and destroy the evidence.


Dingake found several actions of the police in dealing with Momphitlhi quite suspicious. Firstly when the officers “took” Momphitlhi to Old Naledi they did not record the action in the occurrence book as is required by police procedure. Mudongo said they had forgotten to make the record. Secondly Mudongo said he had given Momphitlhi all his belongings which were taken from him at detention time. The property according to Mudongo included his mobile phone, cap and shoes.


Even the Judge found it strange that a suspect in an armed robbery could be given a mobile phone while in police custody but Mudongo said they had to give it to him so that if need arose, he could call the Uncle whom he said was in possession of the car.


Thirdly, the suspect was not hand cuffed when he left the police station and Mudongo said they found no need to bind his movement as they trusted him because he had handed himself to the police.


Also, the three officers submitted contradicting statements in regards to what exactly transpired at Old Naledi just before Momphitlhi’s escape. For instance, Kristen said they parked the car they were using some distance from the yard, but Mudongo said he was the one driving and he parked the car just by the gate.


Mudongo told the court that when Momphitlhi ran off, his partner Phuku shouted the words “O siile” meaning he had escaped. According to Dingake, the words had striking similarities to the words used in a text message sent to Momphitlhi’s younger brother, “Ke siile mo Mapodising….O bolelle Mme.”


A day after Momphitlhi’s disappearance his younger brother received the text message from a mobile phone which was later found to have been an exhibit in a different matter before the police.


Lastly Dingake found it strange that police records such as the cell register and prisoner’s property register disappeared from the police soon after the internal investigation on the missing man begun.


“I put to you that you and the officers you were with colluded to make sure that exhibits go missing. I further put it to you Mr Mudongo that you have something to do with the missing of the exhibits, the cell register and prisoner’s property register…I put it to you that the purported text and what you say Mr Phuku shouted suggests that it was part of the grand scheme to shift what the police had done,” Dingake further levelled the accusation.


Dingake represented Momphitlhi’s family in this matter. The trial continues next Month.

Continue Reading

News

Botswana still weighing in on Maseko’s assassination

27th January 2023

The Minister of Foreign Affairs, Dr. Lemogang Kwape says Botswana has not taken any position regarding the killing of a renowned human rights lawyer, Thulani Maseko, who was gunned down at his house in Mbabane, Eswatini.

In a brief interview with WeekendPost, Dr Kwape said Botswana has not yet taken any position regarding his death. He said the purported incident should be thoroughly probed before Botswana can form an opinion based on the findings of the inquiries.

“Botswana generally condemns any killing of human life by all means,” says Dr. Kwape. He wouldn’t want to be dragged on whether Botswana will support the suspension of Eswatini from SADC.

“We will be guided by SADC organ Troika if they can be an emergency meeting. I am not sure when the meeting will be called by Namibian president,“ he said.

However, the Namibian president Hage Geingob notes with deep concern reports coming out of Eswatini about the killing of Mr. Maseko. In a statement, he called upon the “Government of the Kingdom of Eswatini to ensure that the killing of Maseko is swiftly, transparently and comprehensively investigated, and that any or all persons suspected of committing this heinous crime are brought to justice.”

Maseko was chairperson of the Multi-Stakeholder Forum which was established as a coalition of non-State actors to advocate for a process of national political dialogue aimed at resolving the security and political challenges confronting the Kingdom.

“SADC expresses its deepest and heartfelt condolences to the family of Mr. Maseko, his friends, colleagues, and to the people of the Kingdom of Eswatini for the loss of Mr. Maseko. In this context, SADC further calls upon the people of the Kingdom of Eswatini to remain calm, exercise due care and consideration whilst the appropriate structures conduct the investigations and bring the matter to completion,” the statement says.

Geingob reiterated the need for peaceful resolution of the political and security challenges affecting the country.

Meanwhile political activists are calling on SADC to suspend Eswatini from the block including the African Union as well.

Continue Reading

News

Kopong Murder: Accused interferes with witnesses again!

27th January 2023

State prosecutor, Seeletso Ookeditse revealed before the Broadhurst Magistrate Jobbie Moilatshimo that the third accused involved in the murder of Barulaganye Aston, has interfered with the State witnesses again.

The second and third accused (Lefty Kosie and Outlwile Aston) were previously accused of interference when they were caught in possession of cellphones in prison. They were further accused of planning to kill the deceased’s brother, who is currently the guardian to the children of the deceased.

Ookeditse indicated that Outlwile had earlier went to challenge the magistrate’s decision of denying him bail at the High Court before Judge Michael Motlhabi.

“The third accused approached the High Court and made a bail application, which was dismissed on the same day,” Ookeditse said.

However, even after the High Court verdict on their bail application, the duo (Kosie and Aston) has once again applied for bail this week.

Ookeditse plead with the court to stop the accused from abusing the court process.

“Yesterday, Directorate of Public Prosecutions (DPP) received papers of his bail application filed before the Broadhurst Magistrates Court. However, the papers do not speak to changed circumstances, therefore this back and forth about bail must be put to a stop,” said the State prosecutor.

While giving evidence before court, the Investigations Officer, Detective Inspector Quite Zhalamonto, said his investigations have proved that there is interference continuing regarding the accused trio.

He told the court that on the 12th of January 2023, he received a report from Thato Aston, who is the son of the accused and the deceased. The son had alleged to the Investigation Officer that he received a call from one Phillip Molwantwa.

According to Zhalamonto, Thato revealed that Molwatwa indicated that he was from prison on a visit to the Outlwile Aston and went on to ask where he was staying and where his siblings (Aston’s children) are staying.

“Thato revealed that Phillip went on to ask if he or his siblings saw their father murdering their mother, and he was referring to the crime scene. Thato told me that he, however, refused to answer the questions as he was afraid especially because he was asked about where him and his siblings stay,” said Zhalamonto.

Zhalamonto alluded to the court that he then went to Orange to confirm the communication between Thato and Molwantwa where he found the case.

“I have arrested Philip yesterday and when I interviewed him, he did not deny that he knows Aston and that he has indeed called Thato and asked questions as to where him and his siblings resides even though he failed to give reasons for asking such questions,” Zhalamonto told the court.

He further revealed that Molwantwa indicated that he had received a call from an unknown man who refused to reveal himself.

“Phillip told me that the unknown man said he was sent by the accused (Aston), and that Aston had instructed him to tell me to check if there was still some money in his bank accounts, and he also wanted to know where the kids were residing, the unknown man even asked him to meet at Main Mall” the Investigation Officer told the court.

He further informed the court that he is working tirelessly to identify the “unknown caller” and the route of the cell number.

Furthermore, the fourth accused, Kebaleboge Ntsebe, has revealed to the court through a letter that she was abused and tortured by the Botswana Police Services. She wrote in her letter that she suffered miscarriage as a result of being beaten by the police.

Ntsebe is on bail, while a bail ruling for Aston and Kosie will be delivered on the 6th of next month

Continue Reading

News

Ngamiland Cattle Farmers Gain Green Zone Revenue

27th January 2023

Cattle farmers from Eretsha and Habu in the Ngamiland district, supported by the Community Based Trade (CBT) project, recently generated over P300 000.00 for sales of 42 cattle to the Botswana Meat Commission (BMC) in Maun. This milestone was achieved through support from various stakeholders in conservation, commodity-based trade and the government, in collaboration with farmers. Ordinarily, these farmers would not have made this direct sale since the area is a designated Foot and Mouth Disease (FMD) Red Zone.

Traditional livestock farming contributes toward livelihoods and formal employment in the North-West District (Ngamiland) of Botswana. However, primarily due to the increase in FMD outbreaks over the past two decades and predation by wildlife, the viability of livestock agriculture as a source of income has declined in the region. This has led to a greater risk of poverty and food insecurity. Access across the Okavango River (prior to the construction of a bridge) restricted access for farmers in Eretsha. This lack of access hampered sales of cattle beyond Shakawe, further discouraging farmers from investing in proper livestock management practices. This resulted in negative environmental impacts, poor livestock health and productivity.

To address this challenge, farmers are working with a consortium led by Conservation International (CI), with funding secured from the European Union (EU) to pilot a CBT beef project. The project focuses on supporting and enabling communal farmers to comply with standards and regulations that will improve their chances to access markets. An opportunity to earn higher income from cattle sales could incentivize the adoption of restorative rangelands management practices by farmers.

These collaborative efforts being piloted in Habu and Eretsha villages also include the Pro-Nature Enterprises Project for the People of Southern Africa, funded by Agence Française de Développement (AFD) and Le Fonds français pour l’environnement mondial (FFEM). This complementary funding from AFD and FFEM supports the implementation of the Herding4Health (H4H) model and Rangeland Stewardship Agreements across four rangeland sites in Southern Africa, including Habu and Eretsha, to incentivize best practices that could offer sustainability in the long term for livelihoods, conservation and human-wildlife coexistence.

“We spend a lot of money getting our cattle to Makalamabedi quarantine site, the herder spends on average two months taking care of the cattle before they are taken into quarantine – that needs money. All these costs lead to us getting less money from BMC,” said one of the farmers in the programme, Mr Monnaleso Mosanga.

Farmers that participate in the project agree for their cattle to be herded and kraaled communally by fulltime professional herders (eco-rangers). At the core of this pilot is the use of predator-proof bomas (cattle kraals), planned grazing systems and mobile quarantine bomas (electrified enclosures) for the cattle, facilitated in support with the Department of Veterinary Services. The first successful exit from the mobile quarantine bomas in the Habu and Eretsha villages, in December 2022, saw cattle quarantined on-site and directly transported to BMC in Maun. Farmers received almost double the average sales within this region, as costs including transportation to quarantine sites, herder’s fees and other associated costs incurred before qualifying for BMC sales were no longer included.

“This pilot mobile quarantine is leveraging the techniques and protocols we are using at our current permanent quarantine sites, and we are still observing the results of the project. The outcome of this pilot will be presented to the World Organisation of Animal Health to assess its effectiveness and potentially be approved to be used elsewhere,” said Dr Odireleng Thololwane, the Principal Veterinary Officer (Maun).

Through co-financing of almost P1 billion from the Botswana government and Green Climate Fund, these interventions will be replicated, through The Ecosystem Based Adaptation and Mitigation in Botswana’s Communal Rangelands project, across the country. Both projects aim to improve the economic benefits of cattle owners and multitudes of Batswana households, while contributing to land restoration and climate change efforts by the Botswana government

Continue Reading