Former DIS agent up for ‘assaulting girlfriend’

Was involved in illicit affair with married woman

FRANCISTOWN: A former agent of the Directorate of Intelligence and Security (DIS) appeared before Magistrate Tshepo Magetse for continuation of trial on Wednesday. The State alleges that the ex-intelligence agent Thatayotlhe Tshukudu assaulted Obusitse Maluke early 2019 at Plateau ward in Kasane.

When being led by his attorney Andrew Johannes, Tshukudu told the court that on January 31, 2019 around 2000hrs, he called Maluke who was his girlfriend although she was married to check on her as it was a practice for him to do so.

“When she answered my phone call, I could hear that it was noisy in the background where she was. I asked Maluke where she was and she told me that she was at her friend’s house watching a football match… While talking to her over the phone, I heard someone talking to her in the background and I thought it was her husband and we had a misunderstanding. I later called her after about 45 minutes but her phone was not going through and I thought she would return my call. I was home with my younger brother, aunt and her husband. Maluke later called me after about and hour and she was crying by then. She told me that some thieves had attacked her,” said Tshukudu, adding that Maluke then told him that they should meet as soon as possible.

Since Tshukudu did not have a car, he told the court that he then borrowed a car from his aunt in an endeavour to go and meet Maluke.

“After I arrived at Maluke’s place, I discovered that she was bleeding from the head and had placed her head on the steering wheel. I asked her to go inside her place of residence to take a bath since she was bleeding and her t-shirt was soaked by blood but she refused. She told me that she did not want her children to see what had happened to her since they may later inform their father. I then told her that since she was refusing to go and take a bath inside her place, we should go to my place of residence for her to bath and she agreed,” Tshukudu continued in his evidence in chief. On the way to his place of residence, Tshukudu added, they met a team of police officers who were on patrol.

“I stopped the car I was driving in order to ask for help from the police but she refused saying that she wanted nothing to do with the police. When we reached my place of residence, I discovered that other people were sleeping and later asked my aunt to open the door for me. My aunt asked Maluke what had happened to her and she told her that some thieves had attacked her. My aunt later prepared salt water for Maluke to bath before she went to sleep again. After Maluke took a bath, she told me to take her back to her place of residence because she was now feeling better. Before we left, I asked Maluke what exactly happened to her because she kept on telling me different versions of what happened to her. She also told me that she did not want to go to hospital and later told me that she was assaulted by a person known as Charles while watching a football game at Charles’ place,” Tshukudu went on.

“Maluke told me that Charles assaulted her because of the phone calls I made to her. I then asked Maluke who was Charles and in response she told me that Charles was her secret lover. We later decided that I should leave since it was already late, but we agreed that we would continue to communicate. I had planned to go on a trip to Durban in South Africa in the following days. Whilst in Durban, my phone was not going through, but I later received a call from my younger brother who told me that the police and Maluke’s husband came to my place and were looking for me,” Tshukudu added. Tshukudu also told the court that whilst in Durban, he also received a call from one of his colleagues who told him that the police were looking for him in connection with assaulting Maluke.

“I then decided to cut my trip short in Durban and returned to Botswana. After I arrived in Botswana, I called Maluke asking her why she told the police that I assaulted her and she told me that she was under immense pressure from her husband to report me to the police…Maluke told me that she had told her husband that she was attacked by thieves but her husband did not believe her. She also told me that she did not tell her husband that she was attacked by Charles because Charles was freshly married and was afraid that if Charles’ wife discovered that they were in a love relationship she would sue her. When I quizzed Maluke further, she also told me that she did not want to tell her husband that she was assaulted by Charles because she and Charles were workmates,” Tshukudu said.

“Maluke later apologised to me for falsely incriminating me and we later decided to end our love relationship. It is my evidence that I did not assault the complainant,” Tshukudu added. During cross-examination from Assistant Superintendent Othusitse Marape, Tshukudu confirmed that he started getting involved in a love relationship with Maluke in 2017.

When Marape asked Tshukudu that Maluke gave evidence in court to the effect that she was assaulted by him (Tshukudu), Tshukudu responded: “I am not the one who assaulted her.”

Quizzed further by Marape why he did not take Maluke for medical attention since she was bleeding, Tshukudu said: “I was talking to an adult who can make her personal choices. I told her that we should stop the car and then tell the police that some thieves had attacked her but the complainant refused. She told me that she did not want the police to be involved in the matter. I also told Maluke that we should go to the hospital so that she could receive medical attention but she still refused. I could not force her to do anything that she did not want.”

When Marape said that he put it to Tshukudu that by the time the assault happened, Tshukudu was a DIS agent and it was his duty to have assisted Maluke to arrest the people who had assaulted her, Tshukudu responded: “Like I had explained earlier on, I saw the police while taking the complainant to my place, but she rebuffed my offer of enlisting their help. Also, it was going to be dangerous for me to look for the people who assaulted Maluke alone.”

Marape also said that when Charles gave his testimony in court, he never said that he was in a love relationship with Maluke but rather said that they were just friends, Tshukudu responded: “He did not mention that but he said that they were involved in a friendship… I reiterate that I did not assault Maluke contrary to what she said.”

After the defence closed its case, Magetse told Marape that if he comes to a conclusion that Charles was conflicted, his evidence would be expunged from the record.

Tentative judgement days in the matter will be set at the end of February.