17 Nov 2022

Defence attorney, Mr Unangoni Tema, says some changes in circumstances emanating from the psychiatric report submitted before court on October 24 on the progress of a minor witness undergoing counselling pave way for his client to re-apply for bail.

Mr Tema, who is representing the third accused, Outlwile Aston in a murder case, said the report was inclusive because it did not state the time that would be required to prepare the minor witness to be in a position to produce a statement.

As such, he requested the court to intervene and allow his client to be admitted on bail pending trial.

“It is was clear that the prosecution is not eager to conclude investigation anytime soon, therefore my client will be subjected to a long period in custody before trial,” he said.

Aston is charged alongside Oageng Letsholo, Leufty Kosie, Outlwile Aston and Kebaleboge Ntsebe for the murder of Barulaganye Aston of Kopong on July 14 this year.

Mr Tema said his client was denied bail on the grounds that the investigations were ongoing and the prosecution feared that if released on bail prior to recording statement of all potential state witness, their case and chances of a fair trial would be jeopardised.

He said the case that was presented before court was of murder and his client was alleged to have been party to committing the crime.

He said it was unfortunate that the statement was deemed enough to deny his client any chances of getting bail on the rights of a child as they alleged that he was likely to interfere with the minor child.

As such, Mr Tema said the case before court had nothing to do with the rights of children and therefore must focus on accused’s constitutional right to liberty pending trial.

He said since there was a change in circumstances, the grounds that were used to deny his client bail must be revisited.

The prosecutor, Ms Keletso Ookeditse had earlier indicated that the accused person’s attorney had not demonstrated any change in circumstances granting him to re-apply for bail.

“The accused person cannot repeat an application for bail before the same court based on the same facts,” said Ms Ookeditse.

She said the application was based on the psychologist report updating the court on the progress of the minor witness who was yet to record a statement.

She said the minor who was among the list of the state’s potential witnesses was still undergoing counselling and the witness’ confirmed bookings for engagements with the doctor would be on November 21 and December 7 respectively.

Again, she said the prosecution was aware that the accused had the right to liberty prior to trial.

She added that the state would report on the progress of their investigations in the next mention.

The court also heard that one of the accused persons, Kosie had appealed his denial to bail to the High Court and would be heard by the Lobatse High Court on November 23.

Meanwhile, Magistrate Jobbie Moilatshimo would deliver ruling on Aston’s bail application on November 29. ENDS