24 Sep 2018

An attempt by Gaborone High Court Judge, Justice Tshepo Motswagole to decide the fate of Tebogo Ramantosha, an accused in the Molepolole triple murder case, was thwarted after the prosecution insisted it was not ready to defend bail application.

The 27-year-old Ramantosha, through his attorney Sesupo Masaka, had filed an urgent application before the Gaborone High Court Judge, seeking to regain freedom after several attempts did not succeed at the Molepolole Magistrate Court. 

Justice Motswagole insisted on having the matter proceed, arguing that it was an urgent application that required to be accorded the urgency it deserved. However, attorney Daniel Fohlani of the Department of Public Prosecution (DPP) pleaded with the court to bear with him as he was not ready with defending arguments because he knew he would be appearing for the call roll and not for any other business. 

Justice Motswagole expressed disapproval of the prosecution’s regular conduct about matters that affected the liberty of individuals. 

“I am tired of attorneys who do not take their jobs seriously,” he said. 

“I am not happy with the way you take court business lightly. It is either you fail to make an appearance or something is not done right. You need to understand that you are dealing with the liberty of an individual,” emphasised Justice Motswagole.

He further called for the prosecution to desist from the conduct and to have empathy, saying accused persons, like any other person, needed to be treated with regard, adding that sensitivity was required when handling cases that dealt with the liberty of individuals. 

He ordered the state to file answering affidavits within seven days from the date of appearance and for both parties to deliver heads of arguments at least three days before October 5, the date set for the bail application. 

Meanwhile, defence attorney Masaka had expressed disappointment over the DPP’s reaction towards the matter, arguing that despite they (DPP) being served with relevant papers on September 14, they chose to drag their feet and appear unprepared. 

Ramantosha during the appearance pleaded with Molepolole Chief Magistrate Linah Oahile-Mokibe to consider liberating him considering the fact that he was the only surviving member of the family and would like to visit the cattlepost to check the livestock and other things that were left unattended following his arrest.

“Can I at least be taken to the cattlepost under escort to make arrangements with herdboys as well as to make proper arrangements about the said,” pleaded Ramantosha. 

Attorney Olehile Mantswe of Masaka/Mantswe Attorneys, appearing for the second accused Poloko Segwagwa, pleaded with the court to avail the investigating officer in the next mention to solicit evidence from him about the status of investigations.

Ramantosha stands accused of murdering his father Patrick aged 55, his mother Boingotlo aged 47 together with his 22-year-old younger brother Keabetswe at Ntlolengwae ward in Molepolole on June 21.

His three co-accused are Mmoloki Thaelo 29 of Mogoditshane, Poloko Segwagwa 37 and Cornelious Saidoo aged 27 both of Block Seven in Gaborone.

The quartet faces three counts of murdering the Ramantosha family and robbing them of their 32-inch television set and a Philibao decoder worth P3 000 and P300 respectively. ENDS