‘Reckless driving’ case file disappears from court

By Bonte Seepi

FRANCISTOWN – A case file in which a Zimbabwean national, Misram Ngulube, is facing four charges of causing death by dangerous driving is said to have disappeared from the Francistown Magistrate’s Courts.

The case file was held in Coutroom Three of the magistrate’s courts before it was transferred to Coatroom Five.This disappearance was revealed by prosecutor Mothusi Dintwa on Monday when Ngulube appeared before magistrate Sijabuliso Siziba.

The charge sheet reflects Ngulube, 40, caused the death of Kudzai Vushe, Taropafadziwa Vushe, Robinson Mugwagwa and Harry Vushe by dangerous driving. The accident took place on January 9, 2012 along the A1 road near Makomoto Siding.

Dintwa told court that Ngulube’s case file disappeared when the case was still held at Court Three.Dintwa therefore implored the court to order Court Three to avail the file.”I beg this court to order Court Three to avail Ngulube’s file as soon as possible for the case to move on.

The original file that is missing has vital information for this case that involves the death of four people.I therefore find no reason to be hearing that the file is nowhere to be found,” said Dintwa.

Dintwa further said that if it is indeed true that Ngulube’s file is missing, it is very clear that ‘somebody somewhere is dragging his or her feet on the job’.

He then pleaded with the court to set a trial date considering the fact that prosecution needs to be given some time to sort themselves out, especially since there are only four witnesses residing Botswana, while the other four are in Zimbabwe.

Dintwa also said that the court should consider that the accused is on bail and stays in Selebi Phikwe, travelling to court every so often with short intervals in-between is costly. Siziba explained to the prosecutor that it would be difficult to order the other court to avail the file.

Consequently, he set another mention date for January 14, 2014.The trial date is set for March 25 and 26, 2014.Attorney Kabelo Gaonyadiwe represented Ngulube.Meanwhile, Kabelo Segale, 23 also appeared before magistrate Dumisani Bagopi facing two charges of house break- in and theft.

Segale, who appeared in person, broke into Wedu Motona’s house in Monarch on the night of December 25, 2012 and stole goods amounting to P4,520. The accused is said to have stolen, a Nokia 3200 cell phone worth P500, two black pioneer speakers valued at P3,600 and soccer boots to the tune of P420.

Nancy Obonye, representing the state, said the soccer boots and the speakers have been recovered, while the cell phone has not yet been retrieved. The accused will appear before the court for mention on May 31, 2013 and the trial will be on July 3, 2013. MmegiOnline