10 Nov 2020

Simon Garekwe, charged with robbery, has threatened never to set foot at the Jwaneng Magistrate Court after what he deemed unfair treatment by Magistrate Caroline Kataba. 

He made these threats though his case with his co-accused persons; Maikano Gaborone and Obakeng Samodimo was on trial. 

Garekwe made the threat on November 9 when they appeared for allegedly robbing shops in Khakhea and Kokong. 

He indicated that he felt that Magistrate Kataba’s order in their previous appearance that he be subjected to four strokes for contempt of court was not fair since he was exercising his constitutional right to cross-examine witnesses.

“This was not the first time I had been subjected to this treatment. I was once subjected to 12 strokes, so I feel that it is better for me to just stay in prison where I feel better protected than come to this court. I do not mind if the case continues in my absence and I am convicted in absentia,” he said.

Garekwe threatened that should prison officials force him to  go to court, he would go, but not say a word. 

However, Magistrate Kataba cautioned him against attempting to use emotional blackmail to try and influence the court’s decisions.

She said it was not for the accused to think that he could dictate to the court how to conduct its business. 

“It is the duty of the court to guide you if it feels that you are out of line. Even though you may have the right to a fair trial, that right does not mean you could trample on the court,” she warned.

Ms Kataba said contrary to what the accused felt, the court was merely guiding him on procedure since it could not just sit and allow him to go around the same issues for three days. She said if the accused chose to stay away from his own trial as he threatened, it would only prejudice him.

She also warned Garekwe to respect her position as a judicial officer. 

“Outside the court yes, I may humble myself, but when I am inside the court I demand the respect that comes with this position,” she said.

For his party, Gaborone, who spoke in support of his co-accused, indicated that contrary to the court believing they were going around in cycles, it was only necessary for them to put one of the witnesses to task concerning the two statements he had made.

“The witness took the stand and indicated that he did not know the origin of the other statement, which raises the likelihood of a fabrication and wherever there is fabrication the court has the power to act accordingly,” he said, before indicating that he was not happy with the way the court conducted business.

Gaborone also said punishing his co-accused for exercising his right to cross examine a witness meant that they would also be afraid to interrogate witnesses.

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

When committing the said robbery, they were also said to have used violence on anight-watchman by assaulting him and in the process, causing him injuries on the shoulder and near the right eye.

About a week later, they 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 used force on the night-watchman on duty and injured him.

The case would continue on November 23. ends