19 Sep 2022

Broadhurst Magistrate court has denied the duo of Leufty Kosie and Outlwile Aston bail. Kosie and Aston, two of the quartet in the July 14, 2022 murder of Barulaganye Aston of Mogampane Ward in Kopong, had on September 14, through their attorneys applied for bail pending finalisation of the matter was not by any chance undermining the seriousness of the offence.

In their bail application, Kosie and Aston had suggested for stringent conditions to be attached, among them suggesting that each of them would bind themselves with P5 000 and provide two citizen sureties binding themselves with the same amount.

Applying for bail on behalf of the second accused person (Kosie), Mr Kagisanyo Tamocha said the primary issue of concern was whether when released on bail pending trial the accused person would temper with witnesses and the investigations and elude the hands of justice by not standing trial.

Mr Tamocha said since his client was incarcerated on July 20, the prosecution was afforded ample time to conclude their investigations. He was concerned that in opposing the bail application, the prosecution has requested that his client be remanded in custody until finality of the matter.

Mr Tamocha argued that the court was not mandated to help the prosecution in its investigations and therefore it was unnecessary for the state to register a case prior to concluding their investigations. He also added that the statement that his client was alleged to have used a cellphone while in prison to communicate with some people outside of prison was not clear.

He said it was not clear whether the alleged phone calls were directed to a potential prosecution witness to substantiate that if granted bail, Kosie was likely to interfere with the investigations and potential witnesses.

Therefore, Mr Tamocha pleaded with the court to grant his client bail with stringent conditions, adding that the investigating officer must also provide his client with a list of all potential prosecution witnesses.

Meanwhile, Mr Unangoni Tema equally pleaded with the court to grant his client, Aston bail. Mr Tema said his client must be treated fairly and therefore unfounded allegations being perpetuated through social media must not be used to deny his client bail.

He said his client was alleged to have been caught using a cellphone at prison, therefore his client must not be denied his liberty on statements that were loaded with contested averments.

Mr Tema said there were allegations that his client together second accused had used the cellphone to communicate with some people outside prison, who were instructed to perform some form of a ritual relating to witchcraft at the residence of one of the potential witnesses.

Therefore, Mr Tema has asked the court to clarify if his client was being prosecuted for witchcraft and whether he was going to be denied bail because he was alleged to be conniving with some people outside prison to perform a witchcraft relating ritual.

He argued that even though his client’s children were listed as potential witnesses, the ground was not sufficient to deny him bail. 

He said the issue of ongoing investigations was a tedious ‘song’ with the likelihood of being sung without coming to an end. As such, Mr Tema pleaded with the court to grant Aston bail with stringent conditions. “We are alive to the fact that a crime of murder is a serious offence, but it must not be used as a bar to deny someone bail. If at all there is evidence that my client has committed the offence, he will have this day in court,” said Mr Tema.

In dispute of the duo’s bail applications, prosecutor, Ms Keletso Ookeditse said their fear that the accused persons were likely to interfere with investigations were not baseless as some of the exhibits were allegedly destroyed by the accused persons by tossing them with fire. “We do not want to suffer further prejudice by losing more evidence,” she said.

Ms Ookeditse added that through additional and supplementary affidavits, the prosecution had demonstrated that Kosie was not trustworthy and had demonstrated that he cannot follow laid down rules, therefore granting bail was not substantial as he was likely to violate the set down conditions.

She said as of August 18, Kosie was being investigated for allegedly breaking prison rules. Though currently remanded in prison, Kosie was alleged to have interfered with a potential state witness. Ms Ookeditse said for justice to be served accordingly, Kosie must be denied bail.

“We brought the matter to court on a reasonable suspicion that an offence of murder has been committed. The court must consider the character of the accused person and the seriousness of the offence,” Ms Ookeditse said.

Regarding Aston’s bail application, the prosecution equally opposed it as the accused person was alleged to have used a cellphone while in prison therefore proving that like Kosie, was equally not a trustworthy person and not afraid of violating set down procedure.

Ms Ookeditse said on August 8 and 18 respectively, Aston was allegedly caught using a cellphone inside prison. She said an accused person could be denied his liberty to await finalisation of a matter while on bail based on reasonable suspicions that one was likely to interfere with the process of justice.

Ms Ookeditse said the investigating team had intercepted a ritual that was to be performed at a residence of four of the prosecution’s potential witnesses. She said Aston is alleged to have been the mastermind behind the planned ritual, though remanded in custody.

“We are not concerned by the alleged witchcraft relating ritual that allegedly planned to be performed at the residence of a potential witness, but rather on the interference with the four potential witnesses that was likely to result from the people whom we suspected were agents of the accused person,” said Ms Ookeditse.

Ms Ookeditse further said as per the charge sheet the accused persons were alleged to have acted together in consent and with a common purpose in committing the crime. She said there was a relative to Aston who had alleged that Aston had threatened that if he got released on bail, he would do something bad to them.

Meanwhile, the first accused person, Moagi Letsholo had not asked for bail. Letsholo is also serving a 10-year sentence for grievous bodily harm, while the fourth accused Kebaleboge Ntsebe had been granted bail. The bail ruling would be delivered on September 27 by Magistrate Jobbie Moilatshimo. ENDS