18 Nov 2020

Kang senior acting magistrate, Ms Wame Mosugelo has on November 16 denied Keakabetse Simon, 41, of Lesedi ward in Phuduhudu bail.

Simon is alleged to have murdered Masimonyana Rabatho, 36, on November 14 at Katshwene ward in Kang.

At the time of the commissioning of the murder, the duo were lovers and lived under the same roof with their three minors aged, 11, 10 and one year old.

The deceased, had applied for a restraining order against the accused person on allegations of assault, harassment and use of abusive language. The duo were scheduled to appear before the court on Monday expressly for the respondent now accused person to show cause why the restraining order should not be imposed on him.

When the magistrate asked why he violated the restraining order, the accused left the court in awe as he said that, “I was overwhelmed with jealousy upon the imagination that another man might take over my space during my absence.”

When updating the court on the status of the matter, state prosecutor, Assistant Superintendent Peter Mbasa relayed that the accused person was spotted at a hiking spot at Phuduhudu on transit to Kang the same day he was issued with the restraining order not to go anywhere near the home of the deceased.

According to the prosecutor, the accused was thus arrested and detained at Phuduhudu police holding cell and taken to Kang police on Friday to explain reasons why he did not comply with restraining orders.

Meanwhile, it is not yet clear at what point the accused person parted ways with the police to gain access to the home of the deceased to commit the heinous crime.

Prosecutor Mbasa told the court that he received the news on Saturday that the accused person turned himself in at the police station asserting that he had murdered his lover.

It was at this point that the prosecution team applied for the restraining order matter to be dismissed to pave way for the newly emerged matter.

The prosecution team, led by Detective Constable Boitshepo Moakafi was all gun blazing in its submissions to convince the court why the accused person should not be granted bail. 

They listed an array of reasons among them the fact that the accused person had failed to yield to the restraining order and that the accused was likely to interfere with police investigations.

The prosecution team argued also that the children, before whom the murder of their mother occurred, needed to be protected.

Making her ruling,  Magistrate Mosugelo said although it was everyone’s right to apply for bail, such a ruling could only be arrived at after taking into account the severity of the matter as well as whether or not the accused had no previous brush with the law.

She therefore said that the accused would not be granted bail because the matter was still fresh and that it occurred within only two days after the accused was issued with a restraining order.

“The accused person is alleged to have murdered the victim in the presence of the minor,” she said, further adding that incarcerating him also eliminated any possible interference with investigations.

“The accused person violated the restraining order and that proved him to have undermined the court of law and he went to commit a serious offence by ending the life of his partner not forgetting to mention that the gender based violence acts are currently on the rise, therefore, the courts of laws must tread carefully to protect the society from further harms,’ she submitted.

Also, the magistrate said counselling would be arranged for the three minors and their guardian. 

The accused person was advised to appeal his bail denial within 14 days.

Meanwhile, the accused person had earlier pleaded with the court to grant him bail mentioning that he was worried by his three children’s whereabouts and well-being. 

He had argued that if the court entertained his wish, he would relocate the children to be under the care of his parents.

The accused person is scheduled to appear for mention on November 30. Ends