18 Feb 2015

Public Prosecutor, Inspector Goitsemang Sekgabo on Tuesday February 17 prayed to Kanye Principal Magistrate, Ms Janet Phosa to deny accused persons bail saying the move may compromise state case.

The three accused persons who appeared before court and another four not in court are alleged to have on January 29, 2015 acted together with common purpose and robbed Rosherville Investments Cash Loan P87 064,00, Toyota Allex with registration numbers B 267 AZD valued at P50 000.

The accused, Evans Mhiwatiwa, aged 44 from Zimbabwe, Gaofenngwe Seitiso, 34 a Motswana, Thuso Tangomani, 28 also a Motswana and one Moyo who did not show up in court due to his critical condition are said to have also exerted force and used fire-arms upon employees of the cash loan to get the said cash.

“We humbly pray the accused be further remanded in custody pending investigations by the Investigation Officer,” he submitted and reminded court the seriousness of the matter and the charges laid upon the accused persons does not warrant issuance of bail.

He put it to court that unavailability of background information on the three accused persons who appeared before court and the fourth one who did not make it to court due to leg injuries he sustained during shoot-out with police.

Court also learnt through Inspector Sekgabo that two other suspects known only as Patrick and Re-Cross are still at large.Making his submissions, defense lawyer, Aobakwe Monamo of Boko and Company said the state has failed to present any evidence to suggest accused persons cannot be given bail.

He said for instance the fact that two other suspects connected to the criminal matter were at large were not reason enough to deny the accused bail.

Monamo who is representing third accused in the matter wondered how allowing people who are yet to be proven guilty or not by the court of law to languish in jail could promise state case especially that there is no evidence to suggest so.

He also put it to court that the seriousness of the charges should not be misconstrued to mean the offences are not bail-able.

“We have also not been told the accused persons may temper with investigations primarily because there is no evidence to suggest so,” he said adding that many a times in Botswana the state is known for its tendency to deny accused persons bail only to drop charges later citing lack of evidence.

He also put it to court the fact that being a non-citizen should not be used against an accused person. 

Issuance of bail, he said, was not some form of government empowerment initiative whereby only citizens were considered.In such instances Monamo stated the court is at liberty to use its discretion and impose suitable bail conditions.Monamo ‘sentiments were shared by fellow Defence Attorneys, Sesupo Masaka and Noah Rutherford of Manchwe Masaka Attorneys and Rutherfords Attorneys respectively.

The case will commence Thursday when the Investigating Officer in the matter is expected to appraise the court on progress made thus far in gathering evidence. The accused are also remanded in custody until then. ENDS