Extension Two Senior Magistrate, Nkothululo Moyo Ngandu, on Friday ruled that Chedza Mogae, the daughter of the former President of Botswana, has a case to answer in relation to two counts of driving under the influence of alcohol and failure to produce breath specimen.
Delivering the ruling, Ngandu said that she was satisfied that the prosecution had proved a prima facie case against the accused person.
She said that there is no doubt that Chedza was on the 16 of June, 2006 driving a bakkie with registration numbers of B417AEJ as was stated by constable Moloko.
Moloko also told the Court that when they approached Chedza, she smelled of alcohol and that it was at that stage that they suspected that she was driving under the influence.
Further to that, she had at one stage that night confessed to having “only taken two glasses.” All these, the magistrate said, proved the case against her on the first account.
She, however, admitted that there was contradiction between the two police officers’ statements as the other officer, Mabisi, who drove her car after it was impounded, had told the Court that he did not smell any alcohol on her breadth as he drove her away from the scene and was sitting side by side with her. The fact that before her car was stopped, it was, according to Moloko, weaving in and out of the road, Ngandu said it could be another proof that she was driving whilst under the influence of alcohol.
On the second count of failure to produce a breath specimen, she said that the fact that she had refused to let police administer a breathlyser test could be said to be clear proof that she knew that she was guilty of driving under the influence of alcohol as charged.
The case has been postponed to the 16th of May.