Defence lawyers representing Thabo Stimela and co-accused persons would in not distant days file an application, demanding they be afforded the murder docket for inspection.
Lead defense lawyer, Sidney Pilane, said that the docket inspection is crucial for their investigation as is the victim’s fingerprints, telling Justice Key Dingake that the prosecution team has, to date, not acceded to their demands.
“We are ready with the resumption of the case as scheduled before this court. But there are few things, My Lord, that we would like to bring to your attention and that is the inspection of the docket and the victim’s fingerprints, which up to now the prosecution has not acceded,” Pilane said.
Justice Dingake then demanded an explanation from the prosecution team.
“My Lord, the docket inspection as demanded by the defence could not be availed as it contains privileged information,” answered state prosecutor, Ambrose Mubika, adding that police diaries are confidential and, as such, are treated as privileged.
Pilane told the court that fellow defense lawyers, Unoda Mack and Mmusi Kgafela, would soon file an application demanding the documents to which Judge Dingake said he would deal with the case as soon as the documents reach his office, together with the counter-arguments from the prosecution.
The trial dates for the case were set for October 8th-12th with both parties in agreement they would meet the deadline.
Stimela, Kegone Sebina and Aubrey Nkuna are accused of murdering Lesley Manga Ntshwane over a business deal that went bad.
They are currently out on conditional bail, with their passports seized as one of the string of measures to curtail their movements.
While Sebina would easily obtain bail because of his nationality as a Motswana, the same could not be said of his co-accused as they are deemed flight risks.
A Motswana from Mapoka, Sebina has since naturalized as South African, sharing nationality with Nkuna.
They both have business operations in South Africa and were feared could escape to the neighbouring country for good.
They are required to report to the police station three times a day.
Pilane on Monday demanded that the travel documents be given to his clients, saying that their family ties and business operations were suffering in South Africa in their absence.