04 Sep 2014

Justice Barnabas Nyamadzabo of Francistown High Court will, on October 9, deliver a ruling on bail application by double murder accused, Thebe Ndjavera.

When arguing the application, the defence attorney, Mr Reneetswe Rabosotho of Rabosotho Attorneys submitted that the accused should be granted bail because the evidence before the court was not sufficient to tilt the scales in favour of the prosecution.

Mr Rabosotho said the reasons advanced by the prosecution that Ndjavera could not be granted bail as he was still undergoing occupational therapy and psychological rehabilitation as prescribed by the psychiatrist in June 2013 were invalid.

He argued that even when the accused was granted bail, he would still avail himself for counseling either at the prison or be followed at his father’s place by the counselors should there be a need.

He told the court that one of the prescriptions by the psychiatrist who attended the accused in February 2013 was that in addition to occupational therapy and psychological rehabilitation, the accused should also under go home-based care and to date the prosecution had not complied.

Mr Rabosotho argued that there was no potential of the accused interfering with investigations as they were completed and that tempers that were very high had cooled down and the accused and the mother of the deceased children already had another baby born in July last year.

He said there was no likelihood of the accused absconding and not attending trial. He also told the court that the contention by the prosecution that the accused was facing a serious charge could not be used as justification of opposition of bail on its own.

He argued that the prosecution could not use the grounds that the accused could not be granted bail as another court denied him bail in June 2013 because the nature of bail is such that it can always be revisited as and when there is change in fundamental circumstances.

Mr Rabosotho said the circumstances that prevailed in June last year does not prevail now and therefore the court should grant the accused bail pending trial.

Responding to the arguments, the state counsel, Mr Bathusi Brown said the baby between the accused and the deceased children’s mother could not be used as an indication of a cordial relationship between the two as it is obvious that it was conceived five months prior to the offence.

He further indicated that there was nowhere in the report where the psychiatrist recommended home based care for the accused and he called upon the defence lawyer to demonstrate that effect to the court.

Mr Brown indicated that previously the defence contended that the accused had received all his treatment and to prove otherwise the prosecution needed a court order for a psychiatrist to compile the report to that effect.

He noted that until an affidavit was done, the court is not a good platform to determine whether there has been a change in circumstances that prevailed when the granting of bail was denied in June last year.

Ndjavera is facing two counts of murder for his two toddler daughters aged two and four years old. He reportedly used a sharp instrument to murder the toddlers in February in Somerset East location in Francistown last year. ENDS