13 Oct 2014

Justice Barnabas Nyamadzabo of Francistown High Court has dismissed a bail application by the double murder accused, Thebe Ndjavera.

Making a ruling on the bail application recently, Justice Nyamadzabo also ordered that the psychiatrist who evaluated Ndjavera after the alleged murder was committed should re-evaluate the accused and make a progress report.

He explained that depending on the outcome of the evaluation, the accused could make a fresh bail application. He said when assessing the bail application, he took into account the likelihood of the accused committing other offences based on his mental health while on bail.

The judge pointed out that a report by a social worker from the Department of Prisons and Rehabilitation dated July 28 indicated that the accused seemed to have impulsive and aggressive behaviour and in 2012, he wanted to commit suicide.

Justice Nyamadzabo said the report, if true, demonstrated that the accused was a danger to himself and others.

He pointed out that in opposing the bail application, the prosecution indicated the need for psychiatric evaluation and report for the court to be in a good position to determine the bail application and to establish the mental stability of the accused, a fact that he said the defence attorney did not oppose in his arguments.

He said the argument by the defence that the accused should be granted bail because the psychiatrist recommended home based care for the accused was disputed by the prosecution.

Justice Nyamazabo saiid the prosecution told the court that the psychiatrist was of the opinion that the accused should undergo a one on one counseling session with the prison’s chaplain or social worker for anger management. Ndjavera is facing two counts of murder for his two toddler daughters aged two and four years old.

The murder took place at Somerset location in Francistown in February last year and since then Ndjavera has been incarcerated at the Francistown Prison.

The defence attorney is Mr Reneetswe Rabosotho of Rabosotho Attorneys, while Ms Kuda Mbonini appeared for the state. Ends