10 Sep 2019

The Francistown High Court will on September 12 hear an urgent bail application launched by triple murder accused, Kativa Diwanga.

This came after defence attorney, Mishingo Jeremiah informed the court that his client wanted to apply for bail pending trial.

The prosecution represented by Mr Moffat Dick pleaded with the court to be given until September 11 to file their documents as they had received the matter late on Monday.

He also argued that he did not have the investigating officer’s affidavit and other supporting documents and believed that the matter could only be ready for argument after he had received these.

Justice Phadi Solomon granted the prosecution the request.Diwanga’s attorney, speaking after his client’s appearance, noted that this was a fresh and different matter from the bail application they had unsuccessfully launched at the magistrates’ court in Gaborone.

He explained that his belief was that his client was a proper candidate for bail since there was no evidence that linked him to the murder.

Thirty-three-year-old Diwanga is alleged to have, on June 10, 2019, in Tsholofelo East in Gaborone murdered Methuseli Musoliwa, Sibongile Marks and Mellissa Marks.

Last month, Diwanga’s attorney argued unsuccessfully before Broadhurst Chief Magistrate, Ms Lenah Mokibe-Oahile for his client to be released on bail.

He had argued that it would be unfair to wait for co-accused Thomas Gilala’s extradition from Namibia.

 Attorney Jeremiah had also argued that the state was holding onto allegations that Diwanga was a flight risk because his father was Namibian, but failed to bring forth evidence that he was indeed Namibian.

 Furthermore, Jeremiah said that the state had 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.ENDS