24 May 2022

After being nabbed through the famous Botswana Police Service’ ‘Wanted Persons’ appeal, rape accused, Itumeleng Lontaba of Mokhomma near Jwaneng missed detention by a whisker.

 That was after Jwaneng magistrate, Mr Mpho Setshegetso declined the prosecution’s plea to have him remanded pending mention.

Magistrate Setshegetso declined the request by prosecutor, Inspector Lorato Chabaetsile of Jwaneng police, saying that a prosecutor could not double as an investigating officer.

“You had initially withdrawn this case with liberty to reinstate, and this means that when you re-arrested the accused person you have to re-register it, so it is now a new case altogether.

In that sense, you must have the investigating officer present in court to argue his reasons for bail denial.

It is not your job as the prosecutor.

You cannot prosecute and act as an investigator,” he said.

Migistrate Setshegetso said the procedure that the prosecution wanted to follow would deny the accused his right to liberty if he wanted to contest being denied bail because he would have no one to cross-examine.

“Would you go into the dock and have him cross-examine you even though you are the prosecutor?” he enquired.

Magistrate Setshegetso indicated such after Inspector Chabaetsile tried to apply for the accused to be remanded in a case in which the 21-year old Lontaba is accused of having raped the victim on the Christmas Day of 2020 at Mokhomma.

Arguing for remand, Inspector Chabaetsile indicated that the accused person had been on the run for a while, thereby compelling the prosecution to withdraw the case with liberty to reinstate.

“The accused was nabbed recently through or ‘wanted persons’ campaign, and because he has proved to be elusive, we therefore apply that he be remanded in custody,” she argued.

Inspector Chabaetsile indicated that the investigating officer could not be in court as he was handling other matters at the High Court in Gaborone.

She, however, ended up conceding that the accused be given conditional bail, with one of the conditions being that he should not embark on any journey of more than 100 kilometres radius from his home village without informing the investigating officer.

Lontaba will appear again for mention on June 6. ENDS