19 Apr 2021

Four accused persons succeeded in their bail application after Jwaneng Magistrate Court ruled that reasons advanced by the prosecution to extend their remand were ‘frivolous and embarrassing’.

Magistrate Caroline Kataba said when the accused persons; Thato Dibeela, Bokamoso Keoagile, Bonnie Mekwe, Clen Mereki and another one who is on the run, Lame Moreki first appeared before the court on January 1, the court denied them bail considering the prosecution’s argument that the case was still new and investigations were at an infancy stage.

She said the prosecution also argued that the victim who was injured by the accused persons during the alleged commission of robbery was under medical observation and still to be interviewed and that the accused persons were also involved in a separate robbery in which the proceeds were yet to be recovered.

Ms Kataba indicated that when the accused persons appeared for status hearing a month later, they moved for a bail application, which Moreki was not part of since he was on the run.

She said their lawyer then argued that his clients should be released with the notion that they were still innocent until proven guilty.

“His other argument was that a case should only be registered after investigations were complete. Even though the court agree that one has the right to bail and was innocent until proven guilty, it is not all the time that they are granted bail under that notion and they can be continually remanded if the prosecution proves a need for such continued remand,” she said before granting bail on the grounds that the arguments by the prosecution were not convincing enough for the quartet’s continued remand.

Ms Kataba ordered that they pay cash bail of P1 000 each and should not be reasonably suspected in any crime of violence or theft as well as staying away from interfering with investigations.

She cautioned them that should they violate their bail conditions, they would be taken back into remand.

Meanwhile prosecuting officer, Inspector Tlhaloganyo Selolwane, informed the court that the fifth accused, Moreki was still on the run and therefore pleaded with the court that his warrant of arrest should remain, a request that Ms Kataba acceded to.

The quintet on or about 15 December last year robbed businessman, Yakub Limbaba of Papparazi Holdings at his business in Sekoma, making away with cash amounting to P1 200, three cellphones worth P8 500, an orange money card with cash amounting to P1 400, two bags containing clothes worth P3 000 as well as an assortment of other items.

According to the prosecution, the total amount of goods allegedly stolen amounted to about P12 900. 

The five accused men also used violence on their victim, assaulting him with fists.They were also said to have a string of other serious criminal activities in various villages. ENDS