25 Aug 2019

Broadhurst Magistrate Chief Magistrate, Ms Linah Mokibe-Oahile has rejected murder accused Kativa Diwanga’s application for bail.

Applying for bail, Diwanga’s Attorney Mishingo Jeremiah argued that it would not be fair to wait for co- accused, Thomas Gilala’s extradition to come and tell the court what happened on the day of the incident when his client was suffering in prison.

He said the state was holding onto allegations that Diwanga was a flight risk because his father is Namibian, but failed to bring forth evidence that he is indeed Namibian.

He said that the Namibian father was a creation of the state, therefore it was imaginary.

Mr Jeremiah said on the last mention, the state brought the accused’s identity documents from official government records, which proved that he was a Motswana, born in Botswana.

He said it was wrong for his client to be given Namibian ties by the state so that it favoured them, adding that the state failed to bring before court adequate evidence that Diwanga was involved in the murders, but only that his cellphone was used to call the deceased.

Mr Jeremiah argued that Diwanga was in prison because he was allegedly in the company of Thomas Gilala on June 8, not because he murdered the deceased as the state failed to prove so.

He concluded that the state did not have strong evidence against Diwanga and remanding him as they look for more evidence was a fishing expedition.

The Department of Public Prosecution, Prosecutor Boikobo Tshekiso however opposed the bail application, saying they were still within the parameters of reasonable time to further their investigations.

He told the court that there had been communication regarding the Diwanga’s co-accused’s extradition and that he would soon be extradited.

Mr Tshekiso also submitted before court, documents proving that the matter hasdbeen receiving attention in Namibia, hence the state opposed any application submitted by the accused.

He asked the court to defer bail application to the next mention when the substantive prosecutor would be available.

He told the court that Detective Sergeant Marapo had requested for an update on extradition and was told that Gilala’s trial for entering Namibia through an ungazetted point had begun and he had to be there.

Ms Mokibe-Oahile said as it was found upon extradition investigations that Diwanga had admitted to one Lucas Nthobogeng that he knew Gilala but told the court that he did not know him, raised a lot of eyebrows and questions as to why he was not being honest about the issue.

She explained that the mismatch of the incidents itself advanced the state’s case.

Regarding her decision to reject the bail aplication, Ms Mokibe-Oahile said she took into account the strength of the case against the accused and the nature and seriousness of the crime.

She said the gruesome murder of the three deceased persons was very serious and the charge sitting on Diwanga was severe.  ENDS