De Beers Botswana Chief Executive Officer and Resident Director, Neo Moroka has accused the media and external forces of sponsoring a case in which the mother of Kealeboga Danster is suing him for shooting and killing his son. The incident occurred last year.
Moroka; the former Minister of Trade allegedly shot and killed Kealeboga Danster on the night of April 22, 2014. The former Minister reportedly said he mistook his farm assistant Kealeboga Danster for a dog.
In his answering affidavit dated 15 December 2015 Moroka said Margret Danster, the mother of the victim who is also the applicant in the case does not state how a charge of manslaughter is merited or how a prima facie case can be made against him on the charge.
“The applicant is simply being sponsored and driven by external forces, including certain media publications, bent on tarnishing my name and exploiting this tragedy for commercial gain,” argued Moroka in his court papers.
Moroka said he is in pains to understand the gravamen of Margret Danster’s complaint especially that she does not state how the conclusions by the Directorate on Public Prosecutions are unmerited.
Moroka said Margret Danster had said nothing in her affidavit to justify the relief she seeks.
Sunday Standard can also reveal that Legal aid Botswana denied Margret Danster access to justice.
This publication is in possession of the letter dated 26 June 2015 refusing legal aid to Margret Danster.
The letter signed by P.J Brits noted that Legal Aid Guide excludes legal aid for matters in which there is no substantial and identifiable material benefit to the legal aid applicant.
The letter also stated that there was no evidence of intention to support a murder charge further noting that the evidence of negligence to support a charge of manslaughter was not sufficient to convince a court beyond reasonable doubt that the accused was negligent.
“Both the accused and the two surviving eyewitnesses agree that the accused pointed the shotgun at the stray dog and not at the deceased. One might have attempted to persuaded a court to find negligence on the basis that the accused should have foreseen a fatal ricochet using a 12 bone shotgun at a three meter distance, were it not that the police forensic expert excludes this possibility,” the letter reads.
Legal Aid Botswana Chief Executive Officer, Brits said he was obliged to come to the conclusion that the private prosecution does not enjoy a reasonable prospect of success and that legal aid therefore should be refused.
The case will be argued further before justice Nthomiwa next year. Margret Danster is represented by Letlhogonolo Makgane of Senamela Sekga attorneys while Kgosietsile Ngakayagae stands in for Neo Moroka.
