24 Jun 2020

 Extension II Chief Magistrate, Ms Kamogelo Mmesi on Wednesday (June 24) dismissed a charge levelled against Atlasaone Molemogi, popularly known as ATI in the music industry.

Molemogi appeared before the Magistrate Court on a count of failure to take orders from an authorised officer guarding a prohibited area.

Particulars of the offence are that on June 23, 2020 at or near State House, the accused person without any legal reason took photos and videos of the State House.

The Magistrate said the prosecution had rushed the case before arranging their charge accordingly. She said the charge was fatally defective as it was confusing.  She pointed out that the charge sheet was supposed to guide the court accordingly hence the need for it to be straight forward, factual and easily understandable.

Chief Magistrate Mmesi said if the case was to continue, she would be more confused as the arraignment was rather rushed than carefully planned. Therefore, she ordered the prosecution to draft a meaningful charge sheet after gathering all the necessary information. Ms Mmesi advised that the prosecution was at liberty to bring the case before the court and re-arraign the accused person before 48 hours elapsed.

The Public Prosecutor, Assistant Superintendent King Tshebo of South Central Division had prior to the magistrate’s ruling pleaded that the charge sheet be read to the accused person but the plea be reserved as they were anticipating additional charges since the matter was still at its embryonic stage.

As for now, Asp Tshebo said the prosecution does not have full details of the officer who gave orders to the accused person and, therefore, was adamant that such information will be availed at the next mention. “We are running after time as we must arraign the accused person within 48 hours,” he said.

Meanwhile, the defence attorney, Advocate Duma Boko had earlier on made an application for opposing the charge sheet.

He said section 128 of the Criminal Procedure and Evidence Act makes the accusations against ATI even more ambiguous.  He, therefore, pleaded that reasonable information be provided to explain why his client was detained.

“We are interested in knowing the nature of the order given to Atlasaone by the said officer. The order should have been spelt out so that we examine as to whether it was lawful,” said Advocate Boko.  ends