Wednesday, April 23, 2008

Botswana: Accused Insists on SA Legal Representation -

Oarabile Mosikare

The ghastly 2006 Mupane Gold mine homicide lawsuit once again did not begin as expected because the accused applied to the tribunal to be represented by a South African lawyer at Republic Of Botswana authorities expense.

Raymond Leshomo, who is jointly charged with Matthew Arnold Mashango, for the homicide of Mario Lottering on May 27, 2006, near Mupane Gold mine in the North East administrative district, also declined mental representation by a professional deo lawyer appointed for him. Bengbame Sechele of BB shot Sechele Attorneys stands for Mashango in the matter.

Leshomo did not accept the Maun based Prince Prince Charles Tlaagae of Charles Tlaagae Attorneys as his legal professional deo representative. So the state was not in a place to continue because Leshomo did not have got a legal representative. When Justice Moses Chinhengo asked him how pro deo advises are appointed, the accused wrongly referred to Section 10 of the constitution.

But Justice Chinhengo explained to him that Section 10 states the accused individual have the right to engage anybody from anywhere as long as he or she is able to pay.

"Your pick is South African advocates. Attorneys instruct those advocators and you have got to pay. On what footing make you desire them to stand for you?" Justice Chinhengo asked Leshomo.

Leshomo replied that he thought the state once hired advocators for Letlhogonolo Kobedi and one Gwara Brown. "Don't think, we desire facts. What do you believe is the manner forward for you?" the justice set it to him.

Leshomo then submitted that since the Registrar and Maestro of High Court did not take from the listing he was handed, the state have to give him sufficient clip to make his head up.

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The justice additional explained to him that pro deo lawyers are appointed on a rotary basis. Justice Chinhengo explained: "The Registrar travels on a list. When Tlaagae was appointed he must have got been next on the roster." The justice also noted that the accused's bespeak was unprecedented. He told Leshomo that pro deo work is almost free work. "You cannot oblige a South African lawyer to stand for you," he said as a substance of fact.

Justice Chinhengo explained that there was nil to halt the trial to continue if Leshomo refused a professional deo lawyer and he could not afford to engage one. In the end, the justice directed Leshomo to near the registrar and hold on a professional deo lawyer to stand for him. He said it was unfortunate that this substance could not continue because of Leshomo's request. This was not the first clip the substance had to be postponed.

First it was deferred at the petition of lawyer Saint David Moloise of Mothusi and Company who applied for a recusal, citing personal friendly relationship with the asleep Lottering and his family. Moloise submitted that this was at the case of himself and Leshomo.

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