A Zimbabwean woman who was being charged with the murder of her newly-born baby has been acquitted by a Botswana court after her co-accused died before conclusion of the matter.
Precious Ndlovu was facing a charge of burning and burying the infant with the help of her boyfriend, only identified as Kagiso, after the two allegedly claimed the baby was a goblin.
Ndlovu, who denied the charge when she appeared before Francistown High Court judge Justice Tshepho Motswagole last Thursday, was acquitted on a technicality after the court heard Kagiso had died.
“The State has failed to make a prima facie case against Ndlovu as the evidence before the court implicated her now deceased boyfriend and not her,” said Justice Motswagole.
“I cannot even take the so-called confession statement made by her and say a prima facie case has been established as the statements stop short of incriminating her, but do clearly implicate the said Kagiso,” Motswagole ruled.
The State had alleged that sometime in June 2009, Ndlovu gave birth to a baby whom she later decided to kill alleging it was a goblin. She allegedly connived with Kagiso and burnt the infant’s body.
The judge said the State had not attempted to subject the remains of the alleged baby to any scientific analysis to establish whether or not the ashes that were seen at the scene were of a human nature.
He said the thrust of the State case seemed to be dependent on hearsay.
Motswagole further said it came out clearly that Kagiso made a confession admitting responsibility for the death of the alleged new-born baby to Ndlovu.
He was actually seen by some of the witnesses standing where the baby was allegedly burnt and none of the witnesses implicated Ndlovu.