17 Jun 2014

Assistant Director of the Directorate of Public Prosecutions (DPP), Mrs Susan Mangori has assured Principal Magistrate Goodwill Makofi that, if need be, she will take over a case involving three men who were recently discharged for stealing large sums of money.

This was after the substantive prosecutor, Mr Moakofi Seilane did not pitch up and as such Mrs Mangori represented the state without instructions. 

The court was to be appraised on arguments that persuaded the state to release the alleged stolen money, jewelry, gold coins and vehicles which were suspected to have been bought through the alleged stolen money..

However, since the proxy prosecutor was not privy to the whole matter, she prayed the court to set yet another mention date where she will either attend or send the substantive prosecutor to continue with the case.  

Recently the court withdrew charges against the three men accused of a single count of robbery involving large sums of money, jewelry and gold coins after the state said the victim had lost interest in the case and left the country abruptly.

Prosecutor, Mr Seilane had previously told Magistrate Makofi 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 Chetnaben Nagarbhai has since left the country to India and had refused to give her contacts in India.

He had also said the accused should be handed back the exhibits. However, Magistrate Makofi, who had 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.

The accused are Modulasetilo Seretse, Moses Ketembele and Mhina Mhina while the fourth suspect in the matter had not yet been arrested and was believed to have jumped the border to one of the neighbouring countries.

At the time, Mr Seilane had said he was not ready to respond to the magistrate’s demand and as such requested the court to give him some time to consult with his office. 

But, on Monday the magistrate learnt that in fact the state had never confiscated any of the said money except that they impounded the vehicles. His biggest worry had been how the state could just be “generous” enough to hand such large sums of money without advancing good reasons.

The first claimant is represented by Mr Leonard Mosepele, who had a long time ago applied for the release of his vehicle  while his colleagues, who were previously represented by Mr Shame Taimu, did not have a legal counsel.

According to particulars of the offense in their initial matter, the trio robbed Ms Patel Chetnaben Nagarbhai in Phase IV location in Gaborone, using violence, the sum of P450 000, R42 000, jewelry worth P85 000 and three gold coins, whose value is not yet known to the prosecution. 

The matter will come to court again on July 3  when the prosecution will advance reasons as to why they should be given the said exhibits.

In a different matter, Thabo Masilo was once more arraigned before the same court to answer a fresh charge of robbery and indecent assault which allegedly took place in November 13, 2012 at Kgale View location in Gaborone.

Masilo and another who was not before court is said to have robbed their victim a black Nokia X2 cellphone worth P800 using violence. His is currently undergoing a trial for robbery and rape which took place on August 9, 2012 in Phase II location in Gaborone. The trial resumes on July 30. ENDS