Almost a year after he was incarcerated for the murder of a couple and their three-year-old daughter, a suspect in the crime has temporarily been cleared of the charges pending the extradition of his co-accused.
Kativa Diwanga (34) sighed with relief this week when Broadhurst Chief Magistrate, Lenah Mkibe-Oahile, withdrew the triple murder charges with a caution that it may be re-registered should the other suspect be extradited from Namibia.
Diwanga’s attorney, Mishingo Jeremiah, convinced the court to drop the charges noting that prosecution was failing to have the other suspect- Thomas Gilila, extradited from Namibia for trial.
During the previous mention, the prosecution told court that Nambia would only allow Gilila to stand trial in Botswana if the government assures them that he will not face the ultimate death sentence should he be convicted.
Diwanga and Gilila are accused of killing Methulesi Mosoliwa, Sibongile Marks and their daughter Melissa Marks last year June at Broadhurst Tsholofelo East in Gaborone.
The 34-year-old Diwanga has been out on bail since last year September.
Diwanga told court that on the 8th of June, a certain man went to his tuckshop in Francistown’s Block 1 and bought some sweets.
After buying the sweets, Diwanga said, the man asked to use his mobile phone to call some people he needed to assist in Gaborone.
He said when he later closed his tuckshop, he realised that the man had since entered his compound and was sitting at the fireplace and appeared to have nowhere to go.
Diwanga said he then offered to accommodate the man accommodation and when they reached home the man asked for his details, which he wrote on a piece of paper.
He also said that after the man left early the next morning he noticed that his Omang and other cards were missing.
He told the court that he reported the missing documents to the police and that he suspected that the Tanzanian man he accommodated, stole them.
After two days, Diwanga said, the police arrested him for the murder that took place in Gaborone and he was told that his identity cards were found at the crime scene.
Chief Magistrate Oahile ordered that the case be withdrawn with the possibility of re-registration after Gilila’s extradition.
Speaking to The Voice outside court, attorney Jeremiah said they are considering to sue the state for malicious prosecution and compensation for his client’s time in prison.
He said his client spent months in prison before he was granted bail and that his business suffered as a result.
