Moroka�s unanswered questions
Sharon Mathala | Thursday August 21, 2014 12:27
Moroka shot and killed Kealeboga Danster on the night of April 22, 2014 at Makopong.
Mmegi is in possession of court papers in which Margaret Danster raises six issues questioning Moroka’s defence. Through her lawyers Danster points out that Moroka failed to clear the area before he fired the shot; he failed to keep the muzzle pointed in a safe direction; he failed to ascertain his target and what was around and beyond it.
Danster also argues that Moroka failed to ensure that the barrel was clear of obstructions before shooting; he failed to positively identify his target and the threat it posed on him as well as whether the deceased posed danger to him or his property.
“The actions of defendant, killing the deceased, deprived the deceased of the opportunities of working and enjoying the normal period of life. The actions of the defendant shortened the deceased’s normal expectation of life,” the mother argues in the court papers for the first claim of P1 million.
For the second claim the mother is demanding P1 million on the grounds that at the time of his death, the deceased was in the process of enrolling at a technical college to pursue a vocation, which would have lasted three years.
“The deceased had assured the plaintiff that upon completion of his vocational training or acquisition of employment, he would sustain the plaintiff with an allowance of around P1,000 per month and build a modern house for her”.
The mother further states in her papers that upon attaining gainful employment, the deceased was obliged to financially support her in terms of Bakgalagadi customary law.
According to a death certificate attached to the court papers the deceased died as a result of gunshot to chest and abdomen.
Meanwhile in a letter to the Directorate of Public Prosecutions (DPP) dated June 17, 2014, the mother was not impressed with the manner in which the Tsabong and Lobatse police handled the matter.
“First and foremost, even though Moroka presented himself to the police almost immediately after the incident the police were awestruck by his presence that they failed to arrest him and instead allowed him to go,” the letter reads.
It further laments that to date (four months later) Moroka has not been brought before any court to face at the least the lesser charge of manslaughter.
He argues that his client has been informed by the Tsabong police that Moroka is going to charged with recklessness and negligence.
“We need not lecture to the State about the principle of equality before the law. It is clear that the State, instead of treating Moroka like any other suspect in a manslaughter case, has resorted to affording him royal treatment unknown in our jurisdiction”.
The State has not responded to the letter.
In the civil matter Moroka is represented by Ngakaage and Mbikiwa Attorneys who have not responded to the P2 million claim.
Efforts to contact lawyer Ngakaagae were futile at time of going to press as his phone ran unanswered.