The state has been forced to drop murder charges against a 62-year-old British woman after a heated argument with her lawyer, Unoda Mack, before the Extension 2 Magistrate.
The state dropped the charges against Angela Tilney because they had failed to bring evidence before court.
State prosecutor Tyron Makgathong immediately advised the court that the matter was to be committed to Lobatse High Court for trial and requested for a date of mention date but defense lawyer Unoda Mack intervened.
“I’m surprised; this is not a committal proceeding,” said Mack.
He added that the state had requested him to grant them two months to further their investigations.
“But to my surprise, there were no investigations carried out, even now. I’m surprise to hear this today,” said Mack. “What I know is that the prosecution is to confirm that they intend to withdraw the charges against my client not committal. Where is the evidence and how far are the investigations, none. And what are they telling the court? Lies.”
Mack told the court that he had told the prosecutors to drop the charges against his client without any prejudice, not to hold her as hostage while they had nothing to bring before the court.
Mokgathong then stood up and told the court that they were withdrawing the charges against Tilney, prompting celebratory from her family members present in court.
Outside court, Tilney expressed gratitude over the decision taken by the state, saying that she knew nothing about the incident and that she wrongly accused.
Said her lawyer: “My position is that the state can go and do their investigations and, if they feel it’s enough, they can re-arrest her and we shall battle it again in Court.”
He added: “I don’t know of any law which says “arrest, detain and investigate”. It is the other way round. You investigate first.”
Tilney was accused of killing Robin Tilney on January 5th 2012 at their residential place in Gaborone.
Some suspects in the case were allegedly arrested by the South African Police and have appear before court.
The suspects, Nigerian George Elize and Zambian Sifelani Makwara, were arrested in South Africa after they were found with Robin Tilney’s bank cards, which they used at various shopping centres in South Africa.