02 Nov 2021

Propensity to commit crime using weapons and putting lives in danger are some of the grounds advanced by Broadhurst Magistrate Court to deny Mothusi ‘Alfred’ Motomela bail.  

Dismissing Motomela’s bail application pending trial, Magistrate Gaseitsiwe Tonoki said the court must exercise its judicial jurisdiction to either deny or grant bail application. 

He said the court must also take into consideration the seriousness of the matter at hand.

Motomela together with Thapelo Lekobe, Mzwandile Mazibuko and Ntholephi Elliot Ntshalintshali are charged with armed robbery, unlawful possession of fire arm, unlawful possession of ammunition and possession of goods stolen outside the country. 

On the first count of armed robbery, the four accused persons acting together and in consent, armed with pistols and rifles robbed G4S Security Company cash amounting to P2 310 000, an AK47 rifle and a pistol on October 13 at Turn Right Mall, along Gabane road. 

Mazibuko and Ntshalintshali, South African nationals, are also facing another count of entering Botswana through ungazetted point.

Mr Tonoki concurred with the prosecution that Motomela had a tendency of committing serious crimes and there was a likelihood of him committing similar offence if released on bail.

He said the accused was also facing four counts one of which was armed robbery that attracted a minimum jail term of 10 years .

The court had also stated that Motomela had a history of committing crimes, using dangerous weapons and therefore posing danger to the general public. 

Earlier on, when giving court the status of the case, the prosecutor, Mr Farayi Mahwite, stated that none of the accused persons qualified to be granted bail. 

The investigating team coordinator, NO. 13 District Criminal Investigations Department (CID) officer, Detective Superintendent Joshua Ntau agreed with the prosecutor that none of the accused persons was a candidate for bail. 

Focusing on the bail application for Motomela, Supt Ntau said preliminary investigations showed that Motomela was supposed to be in South Africa. 

He said records from the immigration office relating to Motomela’s travel revealed that he left Botswana for South Africa on April 8, 2021. 

“The record does not reveal that he has returned to Botswana,” he said. 

Supt Ntau said at the time of arrest, Motomela was in possession of a vehicle registered in South Africa, which had since been reported stolen. 

“We believe he has entered the country at an ungazetted point. All gazetted entry points between South Africa and Botswana have no record of the said vehicle entering the country and it might have crossed into the country at an ungazetted point. Our fear is that he is a flight risk and the possibility of him not standing trial is high,” he said.

Supt Ntau told the court that Motomela’s previous criminal record showed that in 1999, he was convicted of theft of a motor vehicle, which was related to the fifth count on the current matter. 

“He was also in 2007, convicted of armed robbery by the Mochudi Magistrate Court. He has the habit of repeating serious crimes,” said Supt Ntau.

 Supt Ntau said armed robberies were also posing danger to innocent members of the society and therefore pleaded with the court to remand Motomela in custody pending finalisation of the matter. 

The defence attorney, Mr Mompati Sepego, appreciated progress made by the investigating team. 

Mr Sepego asked the court to grant bail to the first accused person (Motomela). 

“I will not be asking for bail for the other accused persons,” he said. 

Arguing Motomela’s bail application, Mr Sepego also produced the accused person’s passport, which revealed that he recently travelled to South Africa in the months of May and August 2021. 

Mr Sepego said contrary to the record that the prosecution had referred to, revealing he had travelled to South Africa in April and never returned back, the passports revealed that he was in Botswana.  

The four accused persons are remanded in custody and case will mention on November 16 at Broadhurst Magistrate Court for status update. BOPA