Victim�s family launches private prosecution
Ntibinyane Ntibinyane | Friday January 16, 2015 15:36
For the first time in Botswana, an independent law firm will attempt to independently prosecute an accused person following the decision by the DPP not to do so. Law firm Senamela Sekga Attorneys represents Margaret Danster.
In September last year, the DPP issued a nolle prosequi certificate stopping and discontinuing the criminal proceedings against Moroka on account of insufficient evidence to prosecute.
According to the family lawyer, Letlhogonolo Makgane, despite the fact that the certificate was signed on September 2, 2014, they only received it in December 2014. He told Mmegi that despite this, the law firm has launched initial proceedings to prosecute Moroka for the death of Danster. “We have since applied to the High Court for an order to direct the (Tsabong) magistrate court to hold a preparatory examination against the respondent. At the moment, we are waiting for the matter to be called in court,” he said.
Makgane said that contrary to the decision by DPP not to prosecute, the family believes Moroka has a case to answer and the courts of law should be allowed to decide the matter. He dismissed the reasons by DPP not to prosecute as weak. “The decision is legally illiterate and a blatant diversion of justice,” said Makgane.
The lawyer appreciates challenges that come with private prosecution. He said they would need at least P500,000 to prosecute Moroka. “At the moment, we don’t have funds. We are currently in the process of raising funds for the imminent prosecution,” said Makgane. He explained that the funds will be used to engage experts and other experienced lawyers to push the case. Efforts to speak to Moroka’s lawyer were unsuccessful at the time of going to press.