09 Oct 2018

Gaborone based Judge, Justice Tshepo Motswagole on Friday granted surviving son in the Molepolole triple murder case, Tebogo Ramantosha a conditional bail pending trial. 

Justice Motswagole ordered the accused to be released on conditional bail after he insisted that there was no how the accused’s liberty could be compromised because of delayed police investigations. 

He ordered the accused to pay P5 000 cash bail and produce two sureties, each binding themselves with P5 000.

Ramantosha was further ordered to report to Molepolole Police Station commander fortnightly between 8am and 4pm during the week. 

He was also ordered to surrender passport and travelling  document to Molepolole Police Station commander. 

He was also to furnish the police with contact address and the cellphone number that could be called in case he is needed. 

The 27-year-old succeeded after failed attempts to keep him behind bars by prosecution led by attorney Daniel Fohlani of the Department of Public Prosecution, reasoning that Ramantosha’s release would affect the ongoing police investigations. 

Justice Motswagole had in the beginning made it clear his intention to grant the accused bail insisting on the fact that liberty of an individual was paramount, and therefore calling for prosecution to advance reasons why such a decision could not be reached. 

He dismissed several attempts by DPP’s Attorney Fohlani’s advances of opposing the accused’s release on the basis that he could not be trusted as he disappeared three days after his family members’ burial, after the police informed him about the need to meet him after the burial. 

Attorney Fohlani on several instances tried to convince Justice Motswagole by citing a number of factors that were meant to prove that the accused was not a candidate of bail because he even ignored a public notice by Botswana Police about his whereabouts, saying there was no evidence showing that he knew he was a wanted person. 

“Do you have evidence to support the fact that the accused disappeared in Molepolole because he was avoiding arrest? 

What made you believe that he knew about the Botswana police public notice as there is no evidence to that effect? 

There was no proof of that in all the affidavits filled”, stated Justice Motswagole. 

He further insisted on grating the accused Ramantosha bail, arguing that the court would be failing on its duty to support the refusal of the accused bail when there were no reasons to suggest that his release would interfere with police investigations. 

“You cannot deny an individual his right to liberty because of delayed investigations,” he insisted. 

Justice Motswagole had initially wanted the defence to address the court on the issue of the accused not having a place of abode, due to the fact that the Ntlolengwae family home was attached over an outstanding P309 075 owed to Lanny Holding Company by the accused. 

Defence attorney Sesupo Masaka pleaded that his client could alternatively reside at the cattle post and be able to report to Salajwe Police Post, which is the nearest, something the judge dismissed. 

The judge has also opposed a P10 000 cash bail suggested by Attorney Fohlani and asked for one surety looking at the fact that it may be difficult for him to get assistance from irate relatives.

He therefore settled for half of the required P10 000, advising on the seriousness of the matter and the need to balance the risk. 

Justice Motswagole’s decision to grant Ramantosha bail follows the refusal by Molepolole Chief Magistrate Linah Mokibe-Oahile to grant him (Ramantosha) and three of his accomplices bail on the basis that investigations were still ongoing. 

Ramantosha stands accused of murdering his father and mother, Patrick and Boingotlo Ramantosha aged 55 and 47 together and his 22-year-old brother Keabetswe at Nlolengwae ward in Molepolole in June 22, jointly with Mmoloki Thaelo, Poloko Segwagwa and Cornelious Saidoo of Molepolole, Mogoditshane and Gaborone Block Seven aged between 28 and 37. 

They also face an additional charge of allegedly robbing Keabetswe Ramantosha a 32 inch LG Television set valued P3 000 and a Philibao Free To Air decoder valued P300 using physical violence on the victim. END