Insurance murder-accused Agnes Setshwantsho’s attorney has stopped the state’s prosecutor from playing an audio recording that was supposed to establish the circumstances behind her niece’s application for an R3-million life insurance policy.
Setshwantsho is faced with three charges of murder, fraud, and defeating the ends of justice.
The trial was heard at the North West High Court in Mahikeng on Tuesday.
Link to niece’s murder led to arrest
In November 2023, Setshwantsho, 49, was taken into police custody after being linked to the murder of her niece, Bonolo Modiseemang, 30.
It is alleged that Modiseemang fell ill and died the same day after consuming a poisoned sandwich given to her by Setshwantsho.
During previous court proceedings, it was established that Setshwantsho fraudulently sought life insurance on Modiseemang’s behalf in order to profit from the insurance payout.
Setshwantsho also faced two other murder charges. This after being linked to the murders of her husband, former police sergeant Justice Setshwantsho, and their son Kutlo.
Setshwantsho allegedly planned to gain from insurance payouts from the deaths of the insured.
State prosecutor Jessica Molefe cross examined Modiseemang’s husband, Tebogo Modiseemang. She told the court she wanted to lead the evidence using the recording from a memory stick.
Recordings’ authenticity questioned
This was after it was established that the court’s recording machines were not compatible with such recordings.
“The witness has already testified to Mr Andrew Smith [Outsurance employee] coming to his residential place and playing the same audio. The mere fact that the witness before me has already testified in depth about this audio recording, I believe it will be in the interest of justice for this recording to be played for him to only say ‘indeed this is what Mr Smith brought to my attention’. The reason for him to listen to the audio is for him to opine whether indeed it is the recording that he listened to, brought to him by Mr Andrew Smith,” Molefe told the court.
This did not sit well with Setshwantsho’s lawyer Nhlanhla Mahlangu. He stated section 15 of the Electronic Communications and Transaction Act 25 of 2002. An Act that pertains to the legal recognition of data messages.
Movement of the recordings cast doubt
This section emphasises that a data message is deemed to be sent by the originator if it was sent by the originator themselves or by someone who had the authority to act on behalf of the originator. Additionally, it outlines the conditions under which the addressee of a data message is deemed to have received the message.
Mahlangu said the recording that the state wanted to play was admissible in court. However, that what concerned him is what the movement in which it left Outsurance offices. This movement until it lands in the computer of the National Prosecuting Authority’s laptop.
Insurance company’s handling of recordings
“If it comes from Outsurance, that movement must be produced. There should be documents that relate how to get into the hands of the state from Outsurance. That movement is very essential and it is key,” he said.
Mahlangu said the authenticity of the recording must be established.
“We need to test its originality, we are dealing with the chain evidence. It cannot be that we are dealing with a data message that is original. And doing so without the certification to say that the recording has been done so legally.
“We are not saying a data message is not admissible. We are dealing with the formalities of admitting the said data message. However, this court cannot then expect to accept data messages that have not been authenticated or verified. What value will such recording add to the court proceedings?” Mahlangu argued.
Trial continues tomorrow
