The High Court has dismissed an application that a statement by Thabiso Mothobi, one of five men and a woman charged with murder, be made available in court.

Dismissing the application, Justice 'M'aseshophe Hlajoane said the statement could not be regarded as part of evidence, as it was made by the accused during interrogation by police in the course of their investigations.

Advocate Thulo Hoeane, of the defence lawyers, had requested the court to order that a confession by Mothobi, in which he allegedly said he had planned the death of Peter Mokheseng, together with Bokang Molongoana, and Kutoane Kori, be made available in court.

Justice Hlajoane said according to the law, such a statement would have been part of the evidence, if the accused had been taken to the Magistrate Court to make a formal confession.

Another Counsel for the defence, Advocate Molefi Ntlhoki had also disagreed with the kind of cross-examination which prompts a police officer to divulge what was said by the accused while they were in custody.

He said the country's law requires that an incriminatory matter be jotted down, and that the accused who has raised it be taken before a Magistrate, to make a confession.

Thabiso Mothobi, Lesaoana Molomo, Bokang Molongoana, Kutoane Kori, Molai Mosoaboli and Nokoli Hloloane, are charged with the murder of the former general manager of the Precious Garments Factory, Peter Mokheseng, at Qoaling, on March 21, last year.

The case is being prosecuted by Ms Lindiwe Maqutu. Advocate Hae Phoofolo is also part of the defence team.

27 May 2005