14 Dec 2021

The four accused persons in the P2.4million armed robbery of a G4S armoured vehicle on Monday made their second appearance before Broadhurst Magistrate Court in the hope of applying for bail, to avoid spending Christmas behind bars.

However, Mothusi Matomela, Thapelo Lekobe, both Batswana and South Africans Mzwandile Mazibuko and Ntholephi Elliot Ntshalintshali will have to wait for their matter to be heard December 23, as the substantive prosecutor, Mr Farayi Mahwite was on isolation.

In fact, Magistrate Ms Goabaone Rammapudi-Lesedi had initially scheduled the matter for  January 18, but  Matomela and Lekobe’s lawyer, Mr Olehile Manchwe  pleaded  that the matter be heard before Christmas. Finding no suitable date before then, Magistrate Rammapudi-Lesedi referred the matter to another magistrate court, which had an available slot for December 23.

Arguing for an earlier date, Attorney Manchwe had told the court that his clients had not been allowed to interact with fellow inmates at prison since their incarceration, which was initially done under the pretext of preventing COVID-19, but it had since become apparent that it was done to seclude his clients from the rest of inmates.

As such, he said they were prohibited from congregating for religious purposes and denied other rights afforded to fellow inmates, adding that their prolonged incarceration served to enhance the punitive aspect of the authority.

“They have been in custody since October 13 and today there is still no progress on the investigations,” he protested.

Mr Manchwe noted that during the last court appearance, he had indicated his desire to apply for bail for his clients and regretted that he was unable, due to the absence of the substantive prosecutor.

He cautioned that the prosecutor’s absence did not diminish what were clearly delaying tactics by the prosecution. He further accused the prosecution of filing a letter with the court through which they sought to create the impression his clients were not cooperative and delayed ongoing investigations, when that was not the case.

While his clients were not obligated to cooperate with the investigations, they had however chosen to do so.

He also complained that his clients were fed at irregular intervals and accused the prison authorities of now having arrogated themselves the court’s power to administer punishment.

He challenged the DPP to “consider the treatment of the accused persons at prison.” Mr Monametsi Koakae of the DPP represented the state.

The four suspects, and one, who was not before the court, are alleged to have on the October 13 at Turn Right Mall, in Mogoditshane, acting together and in concert, and armed with pistols and rifles, robbed G4S Security company of cash amounting to P2 310 000.

They are also said to have stolen an AK47 rifle and pistol type 54, belonging to Botswana Police Service and assaulted members of G4S Security and Botswana Police with the said firearms. They were also found in procession of 17 live rounds of an AK47 rifle. Ends