21 Mar 2016

Lobatse High Court acting Judge Jennifer Dube has denied a 31 year old Zimbabwean man facing two counts of crime being robbery and murder bail after police investigations revealed that his passport was fake.

Appearing before the court on Friday, Tawanda Mukafira told the court that he does not have knowledge about the crimes put against him.The charge sheet however reveals that on or about August 5 2014, the accused and his other two accused counterparts being Augustine Tembo (36) and Trevor Vandarayi (31), acted with a common purpose and in concert, allegedly murdered a 17 year old boy Elisha Eyitayo at Village in Gaborone District.

All of the three accused persons are said to be of Zimbabwean nationality and respectively unemployed.Mukafira’s co- accused being Tembo and Vadarayi have however been granted bail.The second count states that the three accused persons acted jointly with a common purpose and in concert, armed with a knife and a stone, stole a black HP Pavilion laptop valued at P4500, black Samsung cellphone valued at P700 and a laptop charger.

It is further stated that at the time of stealing they were violent on Adekunle Etiyayo and Oduronke Eyitayo who were trying to salvage the properties from being stolen.

The prosecution counsel from Directorate of Prosecutions, Ms Gorata Mokgachane argued that the accused cannot be granted bail because he is not reliable in the sense that, he does not possess any legal documentations.

She said the accused entered the country on March 2, 2013, using a temporary traveller’s document which has long expired by April 30 2014.

Ms Mokgachane said by the time the offence was committed the accused was already an illegal immigrant.She further indicated that the accused does not have any financial bonds, no source of income as well as no assets that can tie him to this country.

 She said if the accused can be granted bail it will be easy for him to flee.She also stated that even though the accused distanced himself from the offence, the cellphone to the deceased was found in his possession just 58 minutes after the offence was committed.She also said the accused failed to give substantial reasons why he was in possession of the cellphone belonging to the deceased.The accused said he does not have knowledge of the offences laid against him.

 He said he sells merchandise between Zimbabwe and Botswana to take care of his family that stays in Botswana

Meanwhile, acting judge granted bail to Mr Molefi Mojatlale who is facing a single count of armed robbery.

It is alleged that on or about July 5, 2013, the accused and the second accused Gofaone Moepeng both from Old Naledi in Gaborone, acted together near Mmatseta village in Kweneng administrative district with a common intent and stole from Mr Mc.Leod Sibanda and his wife Ms Ivy Sibanda cash amounting to P900, a brown levis wallet valued at P200 and a black Nokia cellphone valued at P500.

The accused used violence to the victims in order to obtain the stated properties.

Appearing before the judge the accused pleaded with the court to grant him bail on the facts that, he has two children, as their mother has died and they are now under the care of their grandmother who is working at Ipelegeng.

The prosecution counsel, Ms Gorata Mokgachane said the accused cannot be granted bail because he hid for a long time and was later arrested on November 2015 claiming that he has been bedridden with sickness that he failed to produce medical report upon request by the police.

She said months later he furnished the police with a certificate from a traditional doctor who also attached a letter which does not bear any dates and an official stamp to proof that indeed he took the accused under his care.

She also said some of the letters are beyond reasonable doubt that the accused has made up the writings to add more weight to his claims.Judge Dube however granted the accused bail provided he complies with the conditions laid before him.

He was told to pay P1000 cash to the registrar of courts and also provide two sureties’ who will pay P1000 each. Ends