Incoming Southern Regional Magistrate, Barnabas Nyamazabo, is next year January 26, 2011 expected to make a ruling in a case which defense lawyer Batlhalefi Moeletsi wants charges of drunken driving against Lobatse High Court judge Onkemetse Tshosa to be quashed because the charge sheet containing the charges is defective.
In support of his submission, Moeletsi said that the charges against his client are split in that there is basically one charge of drunken driving which has been split into four different counts.
The State, represented by Wesson Mantswe, opposed the application, saying that there was nothing wrong with them.
Charges against Tshosa, which have since been amended from the original charges are that, on the 22 of May 2010 along Molepolole – Gaborone road near the Dog Training Center, he drove a motor vehicle, a Toyota Hilux, when unfit to do so though alcohol and consequently collided with a Toyota Corolla, driven by Goitseone Ditogo.
On count two, it is alleged that he had, on the same occasion, driven the Toyota Hilux in a manner which was dangerous to other persons.
Count three says that he had, without reasonable excuse, failed to provide a specimen of breath when required to do so by a police officer and finally count four that he had assaulted a police officer, constable Moses Ndlovu, a member of Botswana Police Service in the due execution of his duty.
Judge Tshosa has since been ordered to go on leave. He has also been ordered to pass judgments on the cases that he had already presided on when he was ordered to go on leave. Other cases that he was scheduled to hear have been allocated to other judges.