Home » News » General » Mokone sues Govt for unlawful arrest

Mokone sues Govt for unlawful arrest

Publishing Date : 25 May, 2015

Author : GODFREY RAMAHOSI

Mokone says he was arrested for Tsimane’s disappearance


Sunday Standard editor, Outsa Mokone is fighting back, on Tuesday through his attorneys Bayford and Associates; he filed a draft order with the High Court to declare that his detention in September 2014 was unlawful.


Mokone’s brawl with the law followed the disappearance of senior reporter Edgar Tsimane after he authored an article published in the Sunday Standard alleging that the President, Lt Gen Seretse Khama Ian Khama was involved in a car accident while driving alone at night.


According to Mokone’s court papers, the decision to arrest him only came when he told the Assistant Commissioner of Police, Marage, that he does not know where Tsimane is. He further highlighted that Tsimane was not his charge as he is an adult of sound mind and thus found it difficult to understand how his arrest could have helped the Police in locating him.


The matter submitted before Judge Letsididi of the Lobatse High Court will establish and determine whether or not the Warrant of Arrest issued on the 2nd of September 2014 by the Chief Magistrate for the Gaborone Administrative District for the apprehension of Mokone was applied for and lawful.


It is also upon the court to determine and decide, in the event it is found that the Station Commander of Broadhurst Police Station had refused to allow the Applicant’s (Mokone) Attorneys access to him, timeously or at all, whilst he was in Police custody on the night of 8th September 2014 and morning of 9th September 2014 to consult him (Mokone) and obtain from him Power of Attorney and get him to depose to an affidavit to enable them to move an urgent application before the High Court on the night of 8th September 2014.

The court also has to decide whether such refusal or delay in granting the Applicant’s attorney permission to him constituted an infringement of the Applicant’s right to legal representation as enshrined under Section 10 of the Constitution of Botswana and access the High Court as it is entitled to in terms of Section 10 as read with Section 95 of the Constitution of Botswana.    


Botswana Police Commissioner, Mr. Keabetswe Makgophe, in his response to Mokone’s accusations, through an affidavit said, “there was no denial, had the applicant’s Commissioner of Oath not been impatient, his affidavit would have been commissioned.”


“I am verily advised that it would have been very improbable to find the Honorable Judge still waiting at Lobatse after midnight for a possible urgent application whose documents/papers had not been properly registered and or served on the other party. Arguments will be made by my (Makgophe) attorneys that the detention (of Mokone) was necessary, justified and not unlawful.”  


The dispute started in August 2014 when Sunday Standard newspaper edited by Outsa Mokone published a story that President Khama got involved in a car accident while driving alone at night.


Before publishing the article Mokone said he enquired about the credibility and reliability of the source but Tsimane stood by the story insisting that he contacted and for the record noted Dr. Jeff Ramsay’s comments as the President’s Spokesperson. Due to the fact that Tsimane is a senior reporter and the experience he had, Mokone said he also stood by the article.


The Sunday Standard senior reporter later disappeared and sought asylum in South Africa following an alleged tip – off by his elder brother, Clement Tsimane, a Directorate of Intelligence and Security Service (DISS) agent that his life was in danger following a series of offensive stories to those in power.


According to the government’s response to the article at the time of the alleged accident, the president was neither the driver nor a passenger of the involved vehicles in the accident.


 It was also alleged by the government and Makgophe in his court filing that the collision took place between a Toyota Land Cruiser Prado SUV not a black Range Rover as alleged by the paper and a private Ford Ranger not a Jeep on the A1 at Dibete.

Cartoon

Polls

Do you think the courts will help put the UDC, BMD impasse within reasonable time ahead of the 2019 General Election?

banner_14.jpg
banner_12.jpg

POPULER BRANDS