22 Jan 2018

Two men accused of stealing three cars in Molepolole and Moshupa will January 26 know their fate when Senior Magistrate Lindiwe Makgoro delivers  a ruling on their bail application.

The duo, David Molefe aged 45 of Mmathubudukwane  and Gonyadiwamang Masisi, 48, of Matebeleng in Kgatleng District together with the third accused who is still at large, allegedly stole three vehicles in Molepolole and Moshupa between November 17 and 22 last year.

Molefe and Masisi were said to have stolen two mini buses and a Hi-Lux Surf valued at P65 000, P69 000 and P79 000, belonging to Mabaleng Coach Tours of Molepolole and Messers Oteng Mabaka and Ompatile Rabogodi of Moshupa.

The defence counsel, Mr Sesupo Masaka pleaded with court to have the duo released on bail saying allegations against them were baseless as their arrest was not linked to the stolen vehicles but were just hearsay.

Attorney Masaka called on the presiding magistrate to dismiss accusations to the effect that Molefe and Masisi were habitual offenders saying ‘it does not hold water’ but aimed to tarnish their image.

He said Masisi was never among the alleged suspects except that he was found in possession of copies of the disk found in one of the suspected stolen cars in South Africa, something that he said did not link him to the offence.

He pleaded with court to release the two charging that for an individual to be remanded, there had to be reasonable suspicion against him.  

Meanwhile, Detective Superintendent Joshua Ntau of Serious Crime Squad, pleaded with the court to have the two accused remanded, arguing that their conduct towards car theft was extremely appalling and therefore not suitable candidates for bail as they were habitual offenders, with similar pending cases before Village Magistrate Court that involved seven vehicles of which four had been recovered.

Mr Ntau further said although he understood that it was the prerogative of the magistrate to decide over the matter, it was also important that the interest of the society was taken into account as the two were considered serious threat to society’s liberty.

“I am very much aware of the two accused’s fundamental right to be given liberty and that they were to be presumed guilty until proven otherwise, but it was also important to protect the interest of society currently living in constant fear of the two,” he said.

“It is important that the court apply a deterring ruling that will remain a lesson to not only the accused persons but also to individuals with similar intention,” Mr Ntau stated.

He stated that since police were dealing with cross border offence, the prosecution required sufficient time to ease processes involved such as the repatriation of one of the suspect arrested by the South African Police in relation to the matter.

The prosecution’s argument was also on the basis that Molefhe and Masisi committed the current offences, bridging bail conditions of seven similar offences.

Superintendent Ntau concluded that the fact that a DNA would be required to establish ownership of some items recovered in some of the vehicles in question, but the defence lawyer was skeptical about the suggestion saying one of the accused had low blood. ENDS