19 Nov 2018

Seven of the nine men implicated in a spate of warehouse break-ins and stealing television sets in Francistown will have their freedom back if they meet their bail conditions.

In his ruling after a bail application by the suspects, Francistown Senior Magistrate Mr Kealeboga Kapeko ruled that the suspects will be remanded in police custody until they meet their bail conditions.

Magistrate Kapeko granted Kabo Ngwenya (Motswana) and Joseph Kateya (Zimbabwean) bail on condition that each pay P5 000 and provide two sureties each binding himself/herself with P1 000.

The duo was also ordered to surrender their travelling documents to the Station Commander of Kutlwano Police Station where they would report twice a week and that they should not interfere with police investigations.

The other accused Lazarus Bhebhe (South African), Khumo Kebone (Motswana), Edwin Sereme (Motswana), Chester Tshelele (Motswana), and Abedinico Motlhaba (a Motswana and Police Constable at Kutlwano Police Station) were also granted bail on condition that each pay a cash bail of P3 000, provide two sureties binding him/herself with P1 000 and surrender their travelling documents to Kutlwano Police Station.

The five were also ordered to report twice a week to Kutlwano Police Station and that they should not interfere with police investigations.

The other two suspects from Bangladesh, Moshair Hussein and Mustafa Sajid, were granted bail by Justice Gaolapelwe Ketlogetswe of the Francistown High Court the previous day.

Motivating the bail application, one of the defence lawyers, Mr Mishingo Jeremia submitted that the mere fact that some of the accused persons were not nationals was not sufficient to deny them bail.

He submitted that the law is clear that all accused persons coming to court must be treated in a similar fashion regardless of their origin.

Mr Jeremia further submitted that the Constitution states that bail should be given to the accused if they are not to be tried within a reasonable time and as such protects citizens and foreigners alike.

He submitted that there must be some valid reasons why an accused person, whether national or foreigner, must not be granted bail, which the investigating officer failed to advance in court.

Mr Jeremia submitted that there are no details as to how one of his clients, Joseph Kateya would interfere with police investigations and in what manner, saying the case against Kateya was weak and unfounded.

“The investigating officer failed to tell the court what evidence he has against the accused, which can make him a flight risk. He is just speculative and depends on hearsay evidence,” he submitted.

He further submitted that his client (Kateya) was just being implicated by other accused persons, saying the investigating officer wanted a ‘blank cheque’ to keep his clients in prison.

Mr Jeremia submitted that his clients had been subjected to inhumane treatment and torture by investigators, saying they informed him that the investigators used an electric cable to beat them under the feet. He also submitted that the investigators used an electriculation device, which is used on cattle, to extract information from the suspects.

Mr Jeremia submitted that his clients were not flight risks because they were arrested in Botswana, which means they had ties in the country who can stand as sureties.

In response, state prosecutor Mr Gasemotho Pitlagano submitted that in the event the court grants the accused bail, it should have stringent conditions given the seriousness of the offence and also to ensure that the suspects do appear for mention.

He submitted that even though he agreed with the defence that criminal law is territorial, the suspects who are not nationals might skip the jurisdiction of this country and it would be difficult for investigators to get permission to investigate in a foreign land.

Earlier on, the investigating officer, Detective Inspector Bongwe Amogelang of Kutlwano Police Station’s Criminal Investigative Department told the court that investigations were going slowly due to interference by the defence.

However, he submitted that he managed to liaise with the departments of immigration of South Africa, Bangladesh and Zimbabwe as well as Interpol to check the validity and authenticity of the suspects’ passports, their stay in Botswana and that he was still awaiting responses.

He testified that police investigations had revealed that one of the accused, Lazarus Bhebhe also goes by the first name Unkhumulelo, not Lazarus as indicated in the charge sheet and this also needed to be investigated.

Detective Inspector Amogelang further submitted that the police had recovered other goods connecting the crime to the accused and that the police continued to receive information regarding other stolen goods relating to the suspects.

He testified that some of the stolen goods were alleged to have been transported to Zimbabwe where Kateya is running an electronic shop in Gweru and that he was willing to bring the goods back to Botswana.

He objected to the granting of bail to Kateya saying as a foreigner, he was a flight risk because he did not have a permanent place of abode in Botswana.

“Considering the sensitivity of the offence, nothing will tie him to stay in Botswana,” he submitted.

The case will come for mention on November 26, when Magistrate Kapeko will also deliver a ruling in which the defence wants the state to consolidate a new charge of house break-in and theft, which the state alleges was committed by the suspects, into the main charge (warehouse break-in and theft). ENDS