15 Jun 2020

A 19-year-old woman has been granted bail following the death of her boyfriend who she allegedly stabbed with a scissor at his home in Broadhurst on May 18.

Koketso Moswanti is accused of murdering Karabo Sello.

Delivering her ruling on the application, Broadhurst magistrate, Ms Atlanang Baleseng said with the fear of the accused absconding if given bail, and the presumption that the accused was innocent until proven guilty, she had to strike a balance for the sake of society’s interest.

She ordered the accused to provide two first generation sureties both to pay P2 000 upfront before she could be released. 

The state shall also decide where the accused person stayed, which in this case shall be at her home in the custody of her mother.

She said the decision to grant the accused bail was based on evidence before court and not what she or everyone else thought.

Updating the court, state prosecutor, Sub Inspector Kenneth Ramere of Broadhurst Police Station said investigations were almost complete pending postmortem results, affidavits and the photo album compilation.

He also said the matter was still fresh in the minds of affected persons, and that for the accused person’s own safety she should be further remanded in custody. 

Defence lawyer, Mr Laone Serole, however, argued that the prosecution had failed to lay a base for further remand.

He said reasons that the prosecution was awaiting a post mortem and compiling a photo album had no bearing whatsoever with the accused person being released in custody. 

“The accused person does not prepare a photo album or give out postmortem results. It is not her responsibility so why should she suffer for someone else’ chameleon investigation,” he said.

Mr Serole further said as for safety and the case still being new, they were not factors strong enough to be advanced to further remand the accused. 

“It is difficult and not necessary for the court to further remand the accused on a notion that she will not be safe outside, it is all just a feeling,” he said.

He said there should be evidence placed before court to substantiate the basis that the incident was new in the minds of the concerned persons such that remand was necessary.

He also said that the accused should be presumed innocent until proven guilty as in the case of the state vs Binikwa (2005), and also looking at the probabilities of the accused absconding to attend court proceedings.

“The accused person is alleged to have committed the offence of causing grievous bodily harm to the deceased on May 18, 2020 of which she was arrested that same day and released following the deceased’s release from hospital. 

Five days later, May 23, the victim dies and the accused person is taken back into police custody,” he stated.

He noted that between May 18 and May 23, the prosecution did not have any problem with the accused person being let lose though the alleged grievous bodily harm had still occurred.

He added that the prosecution did not mention anywhere in their application to further remand the accused, and that investigations would suffer any prejudice in case the accused was granted bail.

Mr Serole emphasised that he agreed that it was in the interests of society that justice be served, but that it was also in the interests of society that the liberty of the accused should not be taken away without a legal basis.

He said the accused was a citizen of Botswana who has never, on any day, travelled outside the country, and did not even have a passport.

“She has been cooperative with investigators from day one and there is nothing that should make the prosecution fear to grant the accused bail,” he said.

The accused will appear for her next mention on June 30, and the state is expected to bring postmortem results, photo album and affidavits. Ends