11 Apr 2022

Mothusi Matomela who is remanded with his co-accused persons at Gaborone Maximum Prison, Cell 11 will have to wait until May 4 for Chief Magistrate Ms Lesedi Rammapudi of Broadhurst Magistrate Court to ascertain if the court will grant him bail.

Matomela who is the first accused person among the quartet in the P2.3 million G4S Security cash in transit cash heist  has  through his lawyer, Mr Olehile Manchwe approached the court to seek bail.

The court has learnt that in October 2021, on the day of his arraignment, Matomela had made a personal attempt to ask for bail and the court rejected his plea.

Mr Manchwe said his client’s maiden application for bail was denied by the court on October 29, 2021, on the ground that he had the propensity to commit offences.

On January 25, 2022, the Broadhurst Magistrate was also presented with yet another bail application by Matomela.

The court learnt that his second attempt to secure bail was launched at the time when he had appealed his initial bail application refusal to the Lobatse High Court in December 2021.

However, his appeal to the High Court was also in vain.

In presenting Matomela’s current bail application, Mr Manchwe argued that  his client was a Botswana citizen, father of four, the eldest 11 years and the youngest 4 years.

Mr Manchwe said Matomela was currently unemployed and had been a resident of Broadhurst, Gaborone all his life.

 He said Matomela earned a living through small scale farming and where circumstances permits engage in other odd jobs to augment his income and that he was a staple provider for his children.  

Further, Mr Manchwe argued that his client’s livelihood and that of his dependents were compromised by his incarceration since October 2021.

Mr Manchwe further said that the court had previously erred by denying his client bail based on his previous convictions.

He said previous convictions could not be used to deny a person bail, therefore what the courts had done contradicted the position of the law.

On that basis, Mr Manchwe said the current bail application would demonstrate a change in circumstances.

He said the prosecution was contravening the provisions of the Criminal Procedure and Evidence Act by using the accused person’s previous convictions as merits to deny him bail.

He said bringing a person’s previous convictions before a trial court created an impression that the accused person whom the law presume to be innocent until proven guilty that he or she was a criminal.

In addition, Mr Manchwe said evidence before the court was that the only part of evidence pending was the forensic report on the blood samples drawn from the accused persons and the statement of the investigating officer.

He said there was no likelihood that the accused person will temper or interfere with such evidence if released on bail.

In addition, Mr Manchwe argued that if the court concurs with the prosecution that his client was a flight risk, the court must therefore attach stringent and confining conditions to his bail.

He also added that the issue of whether the prosecution had a strong case would only be used to determine the preferred charge not to decide on a bail application.

Furthermore, Mr Manchwe said the seriousness of the offence could not be used to deny his client to be released on bail.

“Murder is considered the highest possible serious offence attracting capital punishment and yet accused persons in murder cases are granted bail,” said Mr Manchwe.

Meanwhile, the prosecutor, Mr Farayi Mahwite said the applicant was not a proper candidate for bail.  

Mr Mahwite advised the court to consider that the state had a strong case against the bail applicant and therefore must be alive to the likelihood of absconding after getting bail.

Mr Mahwite said the court must also take into consideration the depth of his ties with the community, his assets in the country and whether he had travel documents.  

He also advised the court to determine whether it would be easy to extradite Matomela in the event he absconded.

Besides the seriousness of the charge and the fact that the prosecution had a strong case likely to result in a conviction, Mr Mahwite had also indicated that the court must consider that weapons of war were used in committing the offence, therefore, if released on bail, Matomela’s appearance in the public was likely to spread terror in the society and was also likely to flee the country and prejudicing the state case.

“My worship I plead with you to consider the strength of the prosecution case and the inducement bail will offer him to avoid standing trial taking into the severity of the punishment if found guilty.

I wonder if it is possible for a normal thinking able-bodied man to stay put while on bail and wait for the probability of going to prison for a period in access of 15 years.

We are dealing with a serious case at hand aggravated by an exchange of fire with law enforcement officers and the huge amount involved which is more than P2.3 million,” said Mr Mahwite.  

Mr Mahwite also said it was common cause for the court to look into the accused person’s previous convictions to assess their character and determine whether such a person was a candidate for bail.

He further said the case involved a vehicle suspected to have been stolen in South Africa and Matomela was believed to be in control of the vehicle at the time of arrest as the car keys were in his possession and that two of the accused persons were foreign nationals and likely to conclude that he had associates in that country.

Mr Mahwite said it was difficult to ascertain if Botswana’s border fence would be enough to contain a person of Motomela’s calibre.

“If we are to release him on bail today, my worship it is highly probable that it will be the last time that he appeared in court,” said Mr Mahwite.

Matomela, Thapelo Lekobe, Mzwandile Mazibuko and Ntholephi Elliot Ntshalintshali are charged with armed robbery, unlawful possession of firearm, 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 P2.3 million, an AK47 rifle and a pistol on October 13, 2021, at Turn Right Mall, along Gabane road.

Mazibuko and Ntshalintshali, South African nationals are also facing another count of entering Botswana through an ungazetted point.Matomela and four others namely Thapelo Lekobe, the late Khumo Sakarea, Thabano Ookeditse Ramaja and Pelontle Moagabo were involved in the G4S P8.5 million cash heist.

The accused persons are alleged to have followed and ambushed G4S Security cash in a transit vehicle and robbed the security company at gunpoint cash amounting to over P8.5 million at Block 6 Red Dot complex, in Gaborone.

The five accused persons are facing charges of armed robbery, unlawful possession of firearms and unlawful possession of ammunition. ENDS