28 Oct 2019

Jwaneng magistrate Mpho Molema has remanded in custody, Maikano Gaborone, Lentikile Moleta and Simon Garekwe in a case in which they are accused of two aggravated robberies.

The trio together with another suspect who was granted bail, allegedly stole money and property worth thousands of Pula.

The fourth accused, Obakeng Samodimo will continue to await trial on bail.

The particulars of the offences are that the quartet on or about January 27 this year, acting jointly and in concert, robbed King Can General Dealer in Khakhea village cash amounting to P54 400 and two cellphones worth P5 200.

In committing the said robbery, the four are also said to have used violence on the night watchman on duty by assaulting him and in the process, causing him injuries on the shoulder and near the right eye.

About a week later, the four are said to have struck again, this time robbing Kokong General Dealer of cash amounting to over P14 000 and property valued at P20 000 and in the process, again used force on the night watchman on duty and injured him.

In extending the remand warrant for the trio, Mr Molema indicated that he took into consideration the fact that the fourth accused, Mr Garekwe had been cleared of another matter that was before the courts, thereby the argument that he had a propensity to commit crime, which was one of the reasons used to deny him bail, now fell off.

Magistrate Molema also agreed that on the date of their mention, the accused persons had a legitimate expectation that the case management conference would proceed as indicated during their last appearance, but said it was unfortunate that both the substantive magistrate and prosecutor were not present.

He however, said that it was a development beyond the court’s control, and that since he was not the substantive magistrate, his hands were tied in considering bail for the accused persons.

Mr Molema therefore advised the accused persons to apply for bail at the high court or alternatively, make the application before the substantive magistrate when he returns. In their plea for bail, the accused persons said that the proceedings had been going at a snail’s pace because of the prosecution, while they continue to languish in prison.

The first accused, Mr Gaborone said that such was prejudicing him as he was innocent.

The other accused, Mr Garekwe also indicated that it was unfair on them to be incarcerated, while the prosecution was dragging its feet.

He said that it was also unfair that the substantive prosecutor and magistrate were absent on the day when the case management conference was to take place.

The four will appear again on November 04 for case management conference. ENDS