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Botswana: Dagga Case Collapses
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The Voice (Francistown)
20 May 2008
Posted to the web 20 May 2008
Nelson Direng
Francistown
A man accused of growing marijuana was found not guilty after the police case against him was dismissed.
Acting on a tip-off last January, police discovered six suspicious plants growing in Molepi Banani's vegetable garden next to his home in the New Stands location of Francistown. Of the six plants one was partially uprooted in order for it to dry as it showed that some of its leaves had been harvested.
When asked what the plants were Banani replied: "They are beautiful flowers which are decorating the yard." He even claimed to have removed some to throw them away as they were apparently suffocating the vegetables planted in the garden.
Three more of the 'beautiful flowers' were discovered outside the yard, with a well-worn path leading to them. Banani claimed that his neighbours used the route as it connected to a nearby main road.
The suspicious plants were taken for forensic analysis in Gaborone and found to be marijuana.
In court, Banani pleaded not guilty and said that the yard was not his, but his aunt's, who had offered him temporary accommodation. He added that when he moved into the house there were already two people living there.
He claimed that he had not been aware there was marijuana in the yard, as he had never seen a marijuana plant and, in any case, use of the herb was against his religious beliefs.
When asked by Chief Masonya why he signed police documents admitting ownership of the plants, he claimed that police threatened him saying there was a law in the penal code against people who refused to sign such documents.
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In his judgment, the Chief said it would be unjust to find the accused guilty, as the evidence presented to him was insufficient to justify conviction. He added a word of advice to the police that next time they should investigate thoroughly and not leave out any details, as it made the judgment difficult.
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