The marathon murder case between the State, Kegone Victor Sebina, Thabo Stimela and Aubrey Nkuna came to a close this week with the High Court acquitting the remaining murder accused, Sebina, of the crime.
Justice Key Dingake of the Gaborone high court cleared Sebina of the murder charge months after his co-accused, Stimela and Nkuna were acquitted of the same crime.
“On a totality of the evidence the State has failed to prove beyond reasonable doubt that it is the accused that caused grievous harm to the deceased. On the circumstantial evidence led, no irresistible conclusion can be reached that it is the accused who assaulted the diseased. Simply put, the bits and pieces of circumstantial evidence simply failed to nail the accused,” Dingake delivered the verdict.
Around 20th August, 2011, the three accused, Stimela, Nkuna and Sebina were arraigned before court on a single count of murder and they all pleaded not guilty. However Nkuna and Stimela were acquitted and the court ruled that Sebina had a case to answer on account that blood matching that of the deceased had been found on his vehicle.
The deceased hands and legs were tied with tie straps, pieces of which were found in Sebina’s car. Further the deceased person whom they were answering for was found in the warehouse which it is common cause belongs to Sebina.
When invited to give his side of the story, Sebina chose to give unsworn testimony. In his testimony he stated that he did not know how the deceased ended up in his warehouse. He further stated that he did not know how it came to be that the blood of the deceased was found on his vehicle since was being used by Aubrey Nkuna at all material times.
He further denied ever being at the deceased house until the time he was taken there by the police, in the afternoon of May, 21, 2011.
He further stated that the doors to the warehouse were not lockable. According to him, he was arrested together with Thabo Stimela and Aubrey Nkuna as they were on their way to Mochudi to withdraw money from the automated teller machines.
Although the State argued that it is the three accused that assaulted Lesley Manga Ntshwane and left him for dead, the court was not convinced.
“In my considered view, the state has not called evidence to prove that the present accused person knew and had anything to do with the presence of the blood of the deceased on his vehicle and the presence of the latter in his warehouse. His ownership of the vehicle and the warehouse cannot without much more make him guilty of causing grievous harm. He cannot be guilty of causing grievous harm simply because he owned the vehicle and the warehouse,” Dingake further pointed out.
The three men were arrested following a tip off by some witnesses who however have since failed to prove beyond reasonable doubt that indeed the men who assaulted the deceased were the accused before court.
Dr Enock Prabhakar gave evidence that the deceased, Lesley Manga Ntshwane died due to cranio-cerebral injuries, that is, trauma consistent with being assaulted.
Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.
Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.
Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.
The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.
According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.
Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead. According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.
“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.
The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.
What are fibroids?
Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.
The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.
Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.
The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.
Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty. “Our young people have lost the fire to dream about what they could become,” he said.