State questions integrity of magistrate presiding over Pastor Mboro’s case

The integrity of the magistrate, presiding over case involving Pastor Paseka ‘Mboro’ Motsoeneng has been brought into question after the State queried her ability to be fair in her management of the matter.

The State on Monday brought an application before the Palm Ridge Magistrate’s Court asking for Magistrate Katlego Mokoena to be recused as they fear that she may be biased in the adjudication.

According to the National Prosecuting Authority (NPA), Magistrate Mokoena invited Motsoeneng’s defense into her chambers without the State being present and allegedly instructed them to ‘fix’ the poorly constructed affidavit before applying to new facts.

“Furthermore, she allegedly made inappropriate remarks to the prosecutor that he was hard towards Motsoeneng and his co-accused,” the NPA’s Phindi Mjonondwane said.

She added that earlier this month, the State claimed that Mokoena enrolled the case, brought by the applicants without the required documentation.

“The proper requisition would have allowed her to entertain them and failed to probe why the applicants were before her with a new counsel and not the counsel on record,” Mjonondwane said.

“The State is of the view that the above-mentioned circumstances brought her conduct into question as she had the opportunity to ventilate these aspects appropriately during the bail hearing, which is in its nature, inquisitorial and a fact-finding mission. The state had to bring this application to ensure that this hearing proceeded with fairness and without bias,” the NPA added.

The court will deliver its judgment on Wednesday.

Mboro was arrested in June after he and a group of people allegedly went to a school and forcefully removed children from the school.

-IOL

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