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Court grants attorney access to client

06 Mar 2022

The only surviving suspect in the about P1 million Main Mall cash in transit robbery, Tsaone Reboeleng, will appear for mention on March 14 at Extension II magistrate court.

Reboeleng was arrested during the shootout that ensued between the police and the suspects at a house Gaborone’s Phase Two, which left 10 suspects dead.

Making a ruling on an application by suspect’s family appointed attorney, Kgosietsile Ngakayagae to see his client, Justice Gabriel Komboni of Gaborone High Court last Thursday, ordered that the attorney be allowed to see the suspect.

The judge ordered that Reboeleng be availed for consultation with her lawyer, within eyesight but out of the hearing of the officials.

 In addition, the court ordered that she be accorded visits by her family members and they be permitted to assist her with such personal effects as may be necessary and lawful.

Justice Komboni further  ordered the attorney general to bear  legal costs for both parties, as Mr Ngakayagae had earlier told the court that the attorney general was not opposed to the application, but the contention was with regards payment of costs.

 He said his view was  that the state should pay the costs, as it was its attitude of denying him access to the suspect that led to the matter being before court.

Mr Ngakayagae said he went to Central Police station with a request to see Reboeleng on February 27 and was denied access by the police, who said investigations were still at a sensitive stage and he could only see the suspect in their presence.

“It was an unlawful request which I declined,” he said, adding that as an attorney he cannot see his client in the hearing of the police.

For the Attorney General, Ms Wedu Mbongwe said the state did not deny the attorney access to the suspect, but was informed that he could consult with her, even though at that time, Reboeleng had not indicated that she needed an attorney.

“The right to an attorney lies with the accused person. At that time, she had not indicated that she would need an attorney,” Ms Mbongwe said.

In addition, she said Mr Ngakayagae was informed that the client would be arraigned on 28 February, hence he could have seized the opportunity, if he wanted to consult.

ENDS

Source : BOPA

Author : Bonang Masolotate

Location : Gaborone

Event : Court

Date : 06 Mar 2022