19 May 2014

Principal Magistrate Goodwill Makofi of the Village court has discharged three men who were facing a single count of robbery involving large sums of money, jewelry and gold coins.

The trio is Modulasetilo Seretse, Moses Ketembele and Mhina Mhina while the fourth suspect in the matter had not yet been arrested and was believed to have skipped the border.

Prosecutor from the Directorate of Public Prosecutions (DPP), Mr Moakofi Seilane told the court that he wished to withdraw the matter in terms of Section 150 (4) of the Criminal Procedure and Evidence Act, more so that the principal complaint in the matter Ms Patel Nagarbhai had since left the country for India.

Mr Seilane said Ms Nagarbhai had refused to give her contacts in India and had indicated that she had lost interest in the case. He also requested that exhibits, which included vehicles believed to have been bought from the proceeds of the crime be handed over to the accused persons.  

However, Magistrate Makofi, who agreed to the withdrawal of the matter without prejudice to the state, noted that the prosecution should motivate its arguments as to why the accused should be handed over the alleged stolen money and goods including the said three vehicles.

In response, Mr Seilane said he was not ready to respond and as such requested the court to give him some time to consult with the investigating officer so that he could give a reasonable response.

The first accused is represented by Mr Leonard Mosepele, while his co-accused, who were previously represented by Mr Shame Taimu, did not have a legal counsel.

Previously, the trio’s lawyers successfully argued that their clients could not pay cash bail of P10 000 as they did not have such amount more so that the first and the second accused were not employed while the third accused had just find work beginning of this year.

The accused persons were given a P10 000 bail bond with two sureties each who had bonded themselves with P5 000 each.

Ketembele, who is a foreigner, had surrendered his travelling documents to the police. According to the particulars of the offence, the  robbery took place in Phase IV location in Gaborone.

Violence was used before the amount of  P450 000, R42 000, jewelry worth P85 000 and three gold coins, whose value was not yet known to the prosecution. were stolen.

The matter will come to court again on June 16 where the prosecution would advance reasons as to why the accused should be given the said exhibits. Ends