27 Sep 2017

Gaborone Village Court principal magistrate, Mr Goodwill Makofi has implored the prosecution and investigating officers not to bring fears and unsubstantiated opinions before the courts for the simple fact that they want to deny the granting of bail to the accused. 

He said quite often investigators use words which to lay man could imply that is how courts of law in Botswana operate. 

Magistrate Makofi also noted that some of the words that are uttered in open courts have the potential to incite members of the public to take law into their hands as they may think that their actions are justified. 

Mr Makofi gave the advice when handing ruling on bail application for the six accused men who are charged with the murder of Sir Seretse Khama Airport police officer, Mr Basimane Binikwa on August 11 at Domboshaba Bar at Block 8 (Marapoathutlwa) in Gaborone. 

He noted that the investigating officer recently told the court that residents of Block 8, especially patrons at the said bar threatened that should the accused be granted bail they would harm them. 

Magistrate Makofi noted that these reckless threats should not be entertained by courts to deny accused bail, noting that if such threats could be effected those responsible would face the wrath of the law because any aggrieved person should approach the courts for recourse if they feel aggrieved by any ruling. 

He further noted that the continuous detention by the accused, some of whom may not even go to trial at the High Court, is not fair, adding that the three months that the investigator said the accused should stay in custody is not even supported by law and there is no rationale behind such a lengthy period. 

In addition, he said the accused have been in custody for more than a month, noting that prosecution and the investigation should assist the bereaved family by explaining court processes so that they could overcome their emotions and allow the court to continue its process. 

Magistrate Makofi said bail still exists in Botswana statutes and is subject to limitations and therefore those who are against it should approach Parliament to review the law regarding bail. 

In this regard, he said court will not be lured into taking decisions that are not appropriate, adding that they will continue to apply law without fear or favour. 

Furthermore, Magistrate Makofi, who finally granted the accused bail, said the prosecution failed to show the strength of their case nor did it show the adverse past conduct of the accused and therefore said though the police have limited resources they are equally charged with the responsibility of ensuring the security of the accused and their property. 

The accused were ordered to pay a P5 000 cash bail and produce two sureties who will bond themselves with the same amount, report every Friday at SSKA Police Station or any police station in the village, which they chose to reside at, not to go together by design or coincidence at any entertainment centre, not commit any crime and to communicate their place of abode with the investigating officer. 

In the dock are; Thuto Motseothata (22), Buru Motseothata (26), Lore Morentwa (27), Tsaone Motswetla (25), Karabo Kowa (26) and Thato Lesela (28).

Court papers indicate that on August 11 at Block 8 (Marapoathutlwa location) at Domboshaba Bar, the accused acting together in concert and with a common purpose, armed with a knife and bricks, robbed sergeant Basimane Binikwa of a silver Huawei cellphone valued at P2 500. 

It is alleged that immediately before or after such robbery the accused stabbed Binikwa with a knife. 

They will come for another mention on November 23. 

Ms Elang Keitumetse from the Directorate of Public Prosecutions prosecutes while Detective Assistant Superintendent Tony Kgaogano, officer in charge of CID in Mogoditshane Police Station investigates. ENDS