A self proclaimed Traditional healer, Buang Makwati, has been discharged and acquitted by the Court of Appeal for allegedly killing Kediapare┬á Kelopang.
Makwati was sentenced ┬áto death on the 8th November ┬á2007 by Francistown High Court for killing Kediapare┬á Kelopang who was his client in ┬áSelibe-Phikwe, and was demanding┬á answers about the quality of the concoction she had received from him as a treatment when she was feeling some┬á dizziness.
┬áWhen delivering judgement, three Court of Appeal judges said the High Court Judge had failed to analyze the evidence of the single witness who had testified in court.
“The evidence of the investigating officer, Detective Sergeant Rapula, about the pointing out of the pipe was the sole evidence implicating the accused in the killing but the state failed to give reasons why his evidence was credible,” said the judges.┬áThe state had accused him┬áof killing Kelopang by hitting her at the back of the head with a metal pipe.
As the defense lawyer Mishingo Jeremia had argued in his submission, the state has failed to prove that Makwati had used the metal pipe to kill Kelopeng, said the judges.
The judges said since the accomplice witness’ evidence was dismissed in court the onus was on the state to bring more witnesses in the matter.
┬áThe state had failed to bring independent witnesses who the investigating officer claimed had accompanied him to the crime scene.
“There were at least two further factors which could raise doubt about the credibility of the investigating officer because he claimed that the pointing of the metal pipe which was used to kill the deceased was witnessed by “an independent witness” but that person┬á did not appear on the list of witnesses nor was a statement tendered as admitted evidence and the judge was wrong to disregard that important aspect of the matter.
“And with that we dismiss his findings before this court and discharge.