High Court Judge Key Dingake yesterday discharged and acquitted Kegone Sebina, who was accused of killing Lesley Manga Ntshwane of Mochudi in 2011.
Sebina was left in the dock to answer to the murder charges after the court acquitted his co-accused, former Botswana Defence Force (BDF) commando, Thabo Stimela and Aubrey Nkuna of the murder charges.
When he retained Sebina in the dock, Justice Dingake said the fact that the deceased was found in his warehouse, and his blood in Sebina’s car, was enough to justify a case of murder. When freeing Stimela and Nkuna, Justice Dingake said the evidence presented by the prosecution was circumstantial and not concrete enough to tie them to the murder. He added that the fact that the accused were seen at the crime scene was not enough to prove that they murdered the deceased. On Wednesday, Justice Dingake once again set Sebina free, saying there was no evidence to suggest that he committed the murder even though he was seen at the crime scene.
Justice Dingake also lashed out at the investigating officers for their shoddy work in gathering evidence. In a long and detailed judgement, the Judge said the fact that Sebina was the owner of the car and warehouse that were linked to the offence was not enough to be used as determination of his connection to the murder. He further said no one had seen Sebina assaulting the deceased, adding that the state had relied on circumstantial evidence, hence its failure to prove the case beyond reasonable doubt. Sebina was represented by Attorney Unoda Mack and Advocate Sidney Pilane.