The Attorney General Dr. Athaliah Molokomme and her office have been dragged into the shooting of Costa Kalafatis, the younger brother of the late John Kalafatis, who was murdered by four members of the Botswana Defence Force (BDF) in 2009 in Gaborone.
Costa’s lawyers’ Bayford and Associates have written to Molokomme urging her to ensure that no stone is left unturned in the quest to prosecute all those involved in the shooting that nearly cost him his life.
Bayford and Associates, in a letter dated 10 January 2014 and copied to the Director of Public Prosecution, Leonard Sechele and Police Commissioner, Keabetswe Makgope, wrote to Molokomme arguing that she has a legal duty to ensure that she intervenes in the matter.
“We kindly address you beseeching your intervention and that you prevail upon the Commissioner (of Police) to our request.
Owing to the exigency of the matter, particularly the issue of procuring of evidence, we would be grateful if your response could be proffered within seven day hereof…” states the letter from the lawyers.
The lawyers made reference to a letter that they had addressed to Makgope saying their client requests the Commissioner to confirm media reports quoting its Public Relations Office that Costa Kalafatis was the motorist alleged to have been shot by members of the Botswana Police Service or members of the security agents.
“It is not difficult to see why the request is justifiable in the light of the client’s intimation that he intends to institute a civil action against his assailant(s) for personal bodily injuries damages. For purposes thereof, the identity of the defendants, whether in their personal capacities or vicariously, has to be alleged and proved to properly suited,’ says the lawyers.
Responding to the lawyer’s letter, Makgope stated “…that this matter is still being investigated therefore answers and or information sought by yourselves cannot be made available at this stage.”
Bayford and Associates had served Makgope with a letter demanding answers and updates on the recent shooting of Costa by people believed to be members of the security agent and or Botswana Police Service.
The lawyers asked the Commissioner to “advise as to whether the said officers have been brought before any Court of Law and if not, whether there are plans to institute criminal proceedings against them.”
Bayford and Associates further ┬áasked ┬á“I f my client was in fact shot by members of the BPS, provide the particulars of your members who shot him and advise if the said officer or officers are in custody and if not, why?”
On or about 18 December 2013, at or near a residential locality commonly referred to as Partial, Costa was unlawfully shot by members of the Botswana Police Service or a related security agents. He sustained serious injuries as a result of the shooting and was hospitalised at Princes Marina Hospital from 18 to 22 December 2013.
Costa’s shooting comes at a time when the family is still grappling with the loss of the father of the late John Kalafatis, who was murdered by four BDF soldiers in 2009 in Gaborone. Kalafatis senior died early this year after battling with injuries that he sustained following an incident in which he was assaulted by four men at his workshop in Mogoditshane in May last year.?
Meanwhile the killers of John Kalafatis; Gotshosamang Sechele, Ronny Matako and Boitshoko Maifala are free men after President Ian Khama issued a presidential pardon. They were set free after serving only a few months of their 11 years jail sentence. The three men were jointly charged alongside their fellow BDF member, Dzikamani Mothobi, who was acquitted of the murder of John Kalafatis in May 2009.