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High Court acquits murder-accused Kamoli guard

Mohalenyane Phakela

ONE of former army commander, Lieutenant General Tlali Kamoli’s murder-accused guards, Private Kopano Matsoso, is now a free man after Botswana judge Kabelo Lebotse on Friday ruled that there was no evidence linking him to the 9 May 2014 shooting incident which claimed the life of Lisebo Tang.

Private Matsoso’s co-accused, Corporal Tjekane Sebolai and Private Selone Ratšiu will however, continue standing trial from 11 to 15 May 2020.

Private Matsoso had been charged for the murder of Ms Tang, the attempted murder of her companion, Tšepo Jane, damaging the latter’s vehicle as well as defeating the ends of justice.

The charges stemmed from a shooting incident which happened on the night of 9 May 2014 when the three soldiers were guarding the Ha-Leqele, Maseru residence of then army commander, Lt- Gen Kamoli. Mr Jane had parked his vehicle next to Lt-Gen Kamoli’s residence when the soldiers shot at it, killing Ms Tang and injuring him.

On Friday, Private Matsoso walked out a free man after Justice Lebotse ruled that the evidence of people who visited the crime scene did not place him at the scene of the crime. Justice Lebotse ruled that Private Matsoso did not participate in the shooting incident but was stationed at the sentry point inside Lt-Gen Kamoli’s compound while the shooting incident occurred a few meters outside from the yard.

“One factor which stands out from the evidence of Atlehang Kamoli (Lt-Gen Kamoli’s son), Mokoena Mokoena (a soldier who arrived at the crime scene) and Lieutenant Moletsane (who was the shift commander) is that Matsoso was not at the scene (of the shooting) but at the sentry,” Justice Lebotse said.

“The Crown stated that Matsoso acted in furtherance of a common purpose with Sebolai and Ratšiu and further failed to report the matter and left the victims to die. They further argued that Matsoso was part of a group which was on duty at Lt-Gen Kamoli’s home therefore acted in common purpose.

“I am satisfied that the incident was reported to the police via proper army channels and it would have been improper for Matsoso to report it himself. The application for discharge of Matsoso from all three charges succeeds. I am also satisfied that the Crown builds a prima facie case against Sebolai and Ratšiu and the two have a case to answer on all three counts. The trial will continue on 11 to 15 May 2020.”

Justice Lebotse had heard Private Matsoso’s application for discharge before reserving judgement on 19 February 2020.

Prior to reserving judgement, Justice Lebotse, listened to the state and defence counsels’ arguments, including the latter’s petition for the acquittal of one of the soldiers, Kopano Matsoso, on the grounds that there was no evidence linking him to the crimes they are charged with.

Defence lawyer, Advocate Sello Tšabeha, told the court that none of the witnesses who testified in court gave evidence linking Matsoso to the crimes.

“Accused number three (Matsoso) is only being charged as an accessory in that he did not report the matter to the police after it occurred and there is no evidence which proves that he acted in furtherance of a common purpose,” Adv T?abeha said.

“The Crown presented the evidence of 12 witnesses and five the witnesses’ statements were admitted. Only three out of the seven who took the stand arrived at the crime scene and none of them said Accused number three (Matsoso) was at the crime scene. They said he was at the sentry which was inside the Kamoli compound while the crime scene was said to be a few meters away. Section 175 (3) of the Criminal Procedure and Evidence Act of 1981 states that the accused shall be acquitted of charges when the state closes its case and has failed to establish a prima facie (instant) case against him.

“The failure of an officer to report a crime does not amount to criminal liability. Furthermore, (one of the accused) Sebolai reported the incident to Lieutenant Moletsane who was the officer commanding duties at that time and the latter then reported the matter to the police after visiting the crime scene. Two assault rifles were presented in court as those which were used in the crime and none is linked to Accused number three (Matsoso). We therefore ask that he be discharged from the charges,” argued Adv Tšabeha.

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