Oarabile Mosikare
23 April 2008
The gruesome 2006 Mupane Gold mine murder case once again did not start as expected because the accused applied to the court to be represented by a South African lawyer at Botswana government expense.
Raymond Leshomo, who is jointly charged with Arnold Mashango, for the murder of Mario Lottering on May 27, 2006, near Mupane Gold mine in the North East administrative district, also declined representation by a pro deo lawyer appointed for him. Bengbame Sechele of BB Sechele Attorneys represents Mashango in the matter.
Leshomo did not accept the Maun based Charles Tlaagae of Charles Tlaagae Attorneys as his legal pro deo representative. So the state was not in a position to proceed because Leshomo did not have a legal representative. When Justice Moses Chinhengo asked him how pro deo counsels are appointed, the accused wrongly referred to Section 10 of the constitution.
But Justice Chinhengo explained to him that Section 10 says the accused person has the right to hire anybody from anywhere as long as he or she is able to pay.
"Your choice is South African advocates. Attorneys instruct those advocates and you have to pay. On what basis do you want them to represent you?" Justice Chinhengo asked Leshomo.
Leshomo replied that he thought the state once hired advocates for Letlhogonolo Kobedi and one Gwara Brown. "Don't think, we want facts. What do you think is the way forward for you?" the judge put it to him.
Leshomo then submitted that since the Registrar and Master of High Court did not choose from the list he was handed, the state has to give him sufficient time to make his mind up.
The judge further explained to him that pro deo attorneys are appointed on a rotary basis. Justice Chinhengo explained: "The Registrar goes on a list. When Tlaagae was appointed he must have been next on the roster." The judge also noted that the accused's request was unprecedented. He told Leshomo that pro deo work is almost free work. "You cannot compel a South African lawyer to represent you," he said as a matter of fact.
Justice Chinhengo explained that there was nothing to stop the trial to proceed if Leshomo refused a pro deo lawyer and he could not afford to hire one. In the end, the judge directed Leshomo to approach the registrar and agree on a pro deo lawyer to represent him. He said it was unfortunate that this matter could not proceed because of Leshomo's request. This was not the first time the matter had to be postponed.
First it was deferred at the request of attorney David Moloise of Mothusi and Company who applied for a recusal, citing personal friendship with the deceased Lottering and his family. Moloise submitted that this was at the instance of himself and Leshomo.
Be the first to Write a Comment!
Copyright © 2008 Mmegi/The Reporter. All rights reserved. Distributed by AllAfrica Global Media (allAfrica.com). To contact the copyright holder directly for corrections — or for permission to republish or make other authorized use of this material, click here.
AllAfrica aggregates and indexes content from over 125 African news organizations, plus more than 200 other sources, who are responsible for their own reporting and views. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica.
