01 Feb 2017

A man accused of murdering an 85-year-old woman in November last year has been granted bail.

Magistrate Rosemary Khuto granted Zacharia Moatshe, 44, a conditional bail after the defence attorney, Sesupo Masaka pleaded for the release of Moatshe, arguing that there was no reason for his detention except over the delayed release of the postmortem.

Magistrate Khuto granted Moatshe bail on conditions he provide two sureties each binding themselves with P3 000, to report to Molepolole police station weekly as well as to avoid interfering with possible prosecution’s witnesses.

She dismissed reasons advanced by prosecution to the effect that the accused was not a citizen, arguing that it was just an afterthought as they failed to advance such from the beginning except the issue of the postmortem that appeared to be critical to them.

The prosecution, as the presiding magistrate further stated, did not challenge the defence on whether the accused might abscond in case he was granted bail, the produced piece of evidence from the area’s headman supporting the fact that the accused stayed in Botswana for over 40 years, together with documents of where he schooled in Molepolole accompanied with certificate of service from Botswana where he worked for sometime.

Magistrate Khuto however highlighted that it was worrying for the accused to continue staying in Botswana without being identified with any country.

Moatshe had told the court that his staying in Botswana was not illegal as he was issued with a residence permit that expired last October and had since applied for its renewal.

Earlier in his plea for the accused’s release, Attorney Masaka pleaded for the court to consider that his client has stayed in Botswana for over 40 years where he was brought at an early age and schooled up to junior school.

Other reasons advanced by Mr Masaka were that the accused does not have ties with anyone in South Africa except Botswana, where his family lives after they have been awarded citizenship.

Mr Masaka further insisted that an individual cannot be denied liberty because he is not a citizen, citing among others the case of Thabo Stimela and two others versus the state, where Justice Dingake granted one of the accomplices, who was a South African national bail despite the fact that he was not a citizen.

Moatshe allegedly murdered Ms Annah Mokoka  at her home on November 25 by stabbing her with a sharp object suspected to be a knife.

The old woman was referred to Princess Marina Hospital with multiple stab wounds, where she died a week later. Moatshe will appear again for mention on February 9. BOPA