16 Jun 2023

Village Magistrate Court has denied Edwin Ramokweni, a murder accused an opportunity to await finalisation of his matter while on bail.

The 19-year-old Ramokweni, who is facing a murder charge is alleged to have on May 26, 2023 at Plot 26004 in Block 9 location in Gaborone murdered Ntukunu  Makubate.

In his ruling on Thursday, Chief Magistrate Mr Daniel Nkau said opposing reasons advanced by the prosecution showed that Ramokweni had total disregard for the law when he escaped from lawful custody, where he was incarcerated for an offence of house breaking and theft.

“Having said that I do find that the accused person is not a candidate for bail and shall be incarcerated until finalisation of the matter,” said Mr Nkau.

Mr Nkau said in the previous court appearance, the Ramokweni had asked to be granted bail, a request that was vehemently opposed by the prosecution. He said the prosecution had in their counter proposal stated that Ramokweni has a colossal number of pending cases which included rape, escaping from prison, house breaking and theft.

The Chief Magistrate stated that Ramokweni was previously convicted and sentenced to a one year imprisonment for two counts of house breaking.

Mr Nkau further said there was uncontroverted evidence from the Investigating Officer (IO) that Ramokweni had escaped from prison while serving the one year jail term for house breaking.

He noted that among the reasons advanced by the prosecution in opposing the accused person’s bail application was that the murder incident was recently committed and therefore investigations were at an initial stage as well as a likelihood that he was not alone when committing the crime.

Mr Nkau said since Ramokweni was able to escape from prison ‘what guarantee does the court has that he will be able to appear before court willingly while on bail.’

He said there was evidence to ascertain other alleged crimes levelled against the accused person as there was no evidence presented before court to prove whether they had been substantiated or were just mere allegations.

“A mere report to the police does not on its own show a strong case against the accused person,” he said. He said a police report that was not supported by evidence would not be enough to be used as a ground to deny the accused person bail as such reports were likely to be withdrawn due to insufficient evidence.

Mr Nkau said the accused person was currently treated as innocent and therefore his liberty must be disturbed based on concreted evidence before court not on mere reports.

He said relying on the alleged rape cases did not hold substance since there was no evidence brought before court.

Advancing grounds for opposing bail, the Investigating Officer Detective Sergeant Molatlhegi Tshekedi said investigations into the murder incident were at an initial stage, particularly that offence occurred on May 26 and Ramokweni was arrested on June 8.

He said there was strong suspicion that Ramokweni was not alone when committing the offence, adding that some of the suspected stolen property was yet to be discovered.

Sgt Tshekedi also indicated that  Ramokweni was found in possession of the deceased’s cellphone therefore granting him bail was likely to jeorpadise the investigations.

He further stated that Ramokweni has the propensity committing crime and eluding arrest.

Sharing with the court some of the criminal acts alleged to have been committed by Ramokweni, Sgt Tshekedi said there was a pending case of rape at Thamaga, where the accused person was alleged to have raped an 11-year-old girl on October 23, 2021.

In another case of rape pending before the police, Ramokweni is alleged to have raped an eight-year-old girl at Ditshegwane in 2022.

In August 24, 2022, Ramokweni committed an offence of house breaking and theft in Gaborone, Block 9 of which he was convicted for and sentenced to one year imprisonment on August 26, 2022 and was expected to complete his sentence on April 24.

However, Sgt Tshekedi told the court that Ramokweni, who was incarcerated at Moshupa Boys Prison since he was a minor, escaped from lawful custody on December 14, 2022. While on the run and only four days after his escape from prison, Ramokweni committed another crime of house breaking and theft at Gaborone, Block 9.

The court has learnt that Ramokweni was alleged to have committed yet another offence of rape at Kanye on January 2.

He said Ramokweni was re-arrested on January 6, and completed his prison term on May 17 and hardly nine days after his release, he committed the alleged murder that he was currently facing.

On the day of his release, he said, Ramokweni was sentenced to a one year jail term wholly suspended for two years on the grounds that he does not commit a similar offence and was also given two strikes by Moshupa customary court.

Disputing grounds advanced by the prosecution, Ramokweni stated that he had never evaded police arrest as he had provided them with his mother’s contacts and was promised that the police would call whenever they needed him.

As such he pleaded with court to grant him bail with stringent conditions, promising that he would avail himself to court whenever he was requested to do so.

The case will mention on June 29 for status hearing. BOPA