15 Sep 2022

Broadhurst Magistrate Court on September 14, granted conditional bail  to Kebaleboge Ntsebe, the fourth accused in the July 14 murder of Barulaganye Aston of Mogampane ward in Kopong.

Granting the accused bail, Magistrate Jobbie Moilatshimo said her release from lawful custody did not mean that the court was not alive to the likely societal panic, more so that the case had been attracting large crowds.

Ms Moilatshimo however said it was lawful to grant an accused person bail, urging society to understand that an accused person was presumed innocent until proven guilty and had a right to be granted bail.

She said it would be ill-informed, disturbing and unlawful to deny an accused person liberty that they deserve, primarily based on societal interests. 

Ms Moilatshimo said as such, Ntsebe was a candidate for bail, based on the evidence before the court.

The magistrate ordered Ntsebe to bind herself with P3 500 and avail two citizen sureties binding themselves with the same amount.

Other conditions of the bail are that the accused should not to interfere with potential state witnesses and investigations relating to the matter, report to Mogoditshane Police station every second Friday and attend court as and when required. 

Ms Moilatshimo said if Ntsebe was under reasonable suspicions of having committed a crime while on bail, or of having breached any of the bail conditions, her bail would be revoked.

In her application for bail, Ntsebe, a traditional doctor, had pleaded with the court to ask third accused person, Aston to distance her from the incident, as she was not in anyway involved in the murder.

She further told the court that she only recalled police officers coming to her residence asking her to bring out the liver of a woman, who was reported to have been murdered, and the traditional medicine that was said to have been mixed with sour milk and human blood.

“I had never met the said murder victim and therefore I am not at all involved in her murder. As a traditional doctor, all I can recall is that I had assisted Aston on some personal issues, when he came to consult me,” said Ntsebe.

She also said she was taking care of her daughter, who was preparing for her Primary School Leaving Examinations and her disabled partner. 

Ntsebe maintained her innocence throughout and further pleaded with court to dismiss the  murder charge she was facing.

“All I know is that the police came to my place and only seized my traditional doctor practice certificate. I am not comfortable in prison as i constantly think of my children, who are solely reliant on my care. My partner is also disabled and therefore my whole family is dependent on my care,” she said.

Prior to delivering her ruling, Magistrate Moilatshimo acknowledged that Ms Aston’s gruesome murder had aroused public outrage and therefore the court was always packed whenever the accused persons appeared for mention.

She added that the accused person had stated in her application that she always cooperated with the investigating team and showed them where some of the potential exhibits were allegedly burnt.

Ms Moilatshimo said the prosecution had opposed her bail application, arguing that she was part of the plot to conceal evidence by burning some of the items that were allegedly potential pieces of evidence at her residence.

She said the prosecution had also alleged that releasing Ntsebe on bail would jeopardise their investigations as one of their potential witnesses was her daughter and was yet to be interviewed.

Ms Moilatshimo said the state had not stated in its application opposing bail that it had encountered any obstacles in relation to interviewing Ntsebe’s daughter, whom they had stated as one of the potential witnesses. 

She said the court had granted them ample time since the arrest of the accused person, to interview her daughter and record a statement.

Therefore, she said the prosecution still had time to record the statement, while the accused person was still finalising processes of being released from lawful custody. 

Ntsebe and co-accused persons, Oageng Moagi Letsholo, Leufty Gaolemogwe Kosie and Outlwile Aston have been remanded in custody since July 20 at the request of the prosecution while investigations were ongoing.

 The quartet, charged with the murder of Barulaganye Aston at Mogampane ward in Kopong on July 14, was to appear before court yesterday for status hearing. Ends