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F/Town court porn show coming soon

October 9, 2017 8:03 AM
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Judges at the Francistown Industrial Court are bracing themselves for an x-rated treat on December 13th when an Information Technology (IT) expert will be giving evidence in a case where a disgruntled former employee, Balethegi Kelathegile, is suing Mupani Gold Mine for unfair dismissal.

At the centre of the case is a desktop computer which was apparently used by Kelathegile to watch porn during working hours.

The mine lawyer wants the computer to be tendered as evidence in court and the contents to be viewed by the judges and possibly the gallery.

Kelathegile, a former Laboratory Superintendent at the mine was fired for a breach of the company’s IT policy.

He was adjudged to have been accessing pornography websites in his work computer during working hours, an accusation he vehemently denied.

Kelathegile found himself on the wrong side of the law after his colleague, Lebogang Tiro, reported him for sexual harassment to Management.

Tiro further told management that Kelathegile was in the habit of watching porn in his office and that at one point he invited her to watch with him.

Although her testimony on sexual harassment and pornography viewing were dismissed by the panel during Kelathegile’s disciplinary hearing, Tiro maintained that she was indeed sexually harassed and treated to a porn movie at Kelathegile’s office.

“He once called me to his office and when I got there he was watching a blue movie. It was a threesome and he asked me what my favourite position was,” Tiro told court.

She said that she told Kelathegile that she doesn’t watch porn. “He then told me that he prefers to be sucked. I just laughed and left his office,” she said.

She further claimed that at one point whilst in Kelathegile’s office, he kissed her and she ended up masturbating him.

Kelathegile’s lawyer Musa Solomon of Olatotse/Solomon Attorneys reminded the witness that the same evidence she was giving in court was dismissed by the Chairperson during the disciplinary hearing.

“Your evidence was dismissed. You even brought an audio recording that was also dismissed. The only evidence used to fire my client was from the IT expert,” said Solomon.

Solomon also expressed surprise that someone who claimed sexual harassment stayed long enough in the said perpetrator’s office to record an audio.

Meanwhile Mupani Gold Mine lawyer, Lindiwe Mogale of Mogale Legal Practitioners, reminded Kelathegile that he consented to going ahead with the disciplinary hearing without a witness and after being denied time to study a bulky document that was presented to him at the beginning of the hearing.

Mogale also pointed out that Kelathegile had no basis to challenge his dismissal because his former employers had followed the procedure to fire him to the letter.

After calling her first witness Mogale sought permission to call the IT expert whose evidence was used to ultimately dismiss Kelathegile from work.

She then said she would like the IT expert to bring Kelathegile’s computer to court to demonstrate to the judges how he retrieved information and what he found.

It was at this juncture that Justice Baruti asked if it would be proper for the gallery to view the pornographic material.

“Perhaps we’ll have to view it, if there’s someone who’s sensitive we’ll warn them before we start,” said the judge with a serious face.

Solomon was however not happy with the request saying the computer was not part of the evidence at the disciplinary hearing.

He said him and his client were challenging the unfairness of the hearing and that the former employers should not be allowed to bring what looks like new evidence to court.

In the end Justice Baruti asked the two attorneys to discuss the matter and arrive at a conclusion and added “But if it is necessary he can come early and set up that computer,” he said. The case continues in December.

Also read: Makgato’s threat-to-kill accused granted bail

Source: thevoicebw.com

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