BOPA Daily News
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| Court of Appeal orders govt to pay Sekobye for unlawful arrest 31 January, 2006 | |
LOBATSE - Court of Appeal has ordered government to pay damages to Mokgalo Sekobye for his unlawful arrest and detention from December 2, 1994 to February 11, 1995. The court also referred the matter back to the High Court for assessment of such damages and to give Sekobye a chance to prove the gravity of his suffering while in detention. Sekobye, who was arrested and detained on a charge of murder of the 14-year-old Segametsi Mogomotsi, had lodged an appeal with the Court of Appeal. Segametsis body was found on November 6, 1994 on an open space in Mochudi. Her body had fatal injuries to the chest and her genitals had been removed. Her injuries thus had the hallmarks of a ritual killing. The police arrested and detained Sekobye as a suspect in the murder on 10 November 1994. Sekobyes arrest was based on the strength of a statement made on November 6 by a 15-year-old girl. He was however released on November 12, 1994 after police investigations failed to link him to the murder. He was re-arrested and detained on November 17. However, before the end of November 1994 police concluded that their suspicions about his involvement in the murder were unfounded. Sekobyes second arrest was based on the statements of, among others; Segametsis father Matswi and one Monnye. The two later retracted their statements, which left the police with no evidence on which the appellants guilt could reliably be established. The Court of Appeal found that while there may have been justification for Sekobyes detention from November 17 1994 to December 2, 1994 when the investigations were proceeding, there was no justification for his continued detention thereafter. The appellant was also awarded the costs of the appeal. BOPA |
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