05 Oct 2016

A 42-year-old-man of Majatshipo cattlepost near Medie in Kweneng charged for possessing carcasses of two beasts has been denied bail for being a habitual offender.
Tshepiso Zulu’s bail application could not succeed after Molepolole Senior Magistrate William Modise dismissed  it, saying the accused could not be trusted due to his constant failure to comply with court orders.
Zulu sustained injuries when the police shot him after he allegedly resisted arrest two weeks ago.
Pleading for the accused’s bail, Mr Sesupo Masaka of Manchwe Masaka Attorneys told the court that the accused was in a critical condition such that he could not make an appearance, contrary to argument raised by state prosecutor, Mr Enock Mahwite to the effect that the accused refused to go to court.
The defense requested the court to set binding conditions that would compel the accused to regularly appear as and when required.
Mr Masaka pleaded for Zulu’s release as a matter of urgency in order to unite him with his family who could better take care of the wounds he sustained during police arrest.
In response, Mr Mahwite pleaded with the court to have the accused remanded in custody arguing that he was a habitual offender who did not fear to bridge bail conditions and therefore needed to be kept in custody to allow the police do their work without interference.
He said the fact that the accused refused to make appearance while under police detention was a clear sign of disrespect to the court.
He dismissed allegations by the defense that his none appearance was due to lack of arrangements by the police.
Mr Mahwite further stated that for the defense counsel to advance an excuse that his client’s critical condition failed him to make it to court was a non-starter, stating that the fact that medical professionals released him from hospital was due to his recovery.
“What will force him to come to court when freed when he refused to appear while in police custody”, quizzed attorney Mahwite.
The public prosecutor described the accused as a difficult person who needed to be kept imprisoned to allow the prosecution to produce before court 12 of his pending cases of stealing stock and a single count of murder.
Magistrate Modise denied the accused bail saying he relied on submission presented by the prosecutor and therefore releasing him would be risky looking at similar offences he committed while on bail.
He further highlighted that the accused was also a suspect on similar offences allegedly committed while on bail granted by the High Court on different occasions thus limiting chances of being trustworthy. ENDS