07 Jan 2015

Molepolole Senior Magistrate William Modise has granted bail to two men suspected of stealing three beast valued at P44 000. 

The suspects are; Bushi Nkawa and Othusitse  Nkokwane, while the third one, Tshepiso Zulu was given bail by the High Court on December 31.

The trio was granted bail after a heated argument by their attorneys; Messrs Aobakwe Monamo and Mogakolodi Segwagwa who dismissed the prosecution’s plea that the suspects be further remanded because police investigations were still ongoing.

The suspects are alleged to have stolen three beasts from different individuals between November 27 and 28 last year.

The three were each ordered to bind themselves with P3 000 and to provide two sureties each binding themselves with P2 000, not to interfere with prosecution’s possible witnesses and not be suspects in stock theft related matters.

Earlier, submitting on behalf of Nkokwane and Zulu, Mr Monamo pleaded with the court to grant his clients bail saying the prosecution was unnecessarily playing delay tactics so that the accused persons could be further remanded. He said investigations have long been completed, adding that what the prosecution was doing was a total disregard of the rule of law.

He further blamed the prosecution for unlawful detention of his clients after the extension of their remand warrant in their absence and before the scheduled date for appearance.

Mr Monamo said the detention was deliberately extended two days before the set date, denying the court chance to further access the accused persons, arguing that the prosecution’s action was a violation of principles of law beyond measure.

He warned prosecution against its alleged perpetual conduct charging that what they did was wrong and may result in litigation where the government would ultimately lose lots of money.

Attorney Monamo concluded his submissions by citing Justice Mosojane’s judgement of David Tawele vs the State of January 2008 where an application was made to deny the accused bail saying that the action was a “Dangerous Misunderstanding of the Law”, by which without evidence the state can justify the detention of people while investigations are ongoing.

The prosecutor, Inspector Koketso’s effort to substantiate that they extended the remand warrant for the accused because they could not transport the accused with female remands could not safe him from the defence.

Meanwhile, attorney Segwagwa dismissed the prosecution’s defence as an afterthought, arguing that they failed to advance the same to the then presiding magistrate but just made an extension in the absence of the accused basically to punish the accused.

He dismissed plea by the prosecution that reasons for denying his client bail was based on the fact  that investigations were not yet completed was misleading as the matter was now over a month and the alleged stolen carcasses have since been confiscated.   

Mr Segwagwa had made it clear that what the prosecution was doing was a clear sign of insensitivity and unreasonable to further seek remand for his client when there is nothing further to investigate over a month.

Meanwhile, in a different matter, Zulu is scheduled to appear again in court Thursday 08 on nine counts of stealing 57 head of cattle with other three different  suspects. ENDS