01 Dec 2013

The Village Magistrate Court has granted bail to two of the five men accused of murdering a night watchman in Gaborone North farms on August 28, 2013.

The other three accused persons were further detained because they are deemed not suitable candidates for bail. Delivering her ruling on the bail applications, Chief Magistrate Linah Oahile-Mokibe said the court had satisfied itself that the three accused who were denied bail; Lebang Thabo Ntesi, Phemelo Tshelang and Mpho Mangwa had criminal cases before and were a danger to the society as argued by the state.

Magistrate Oahile-Mokibe, noted that Ntesi had a previous conviction for a charge of common theft while Tshelang had a previous charge of robbery and house breaking. Mangwa on the other hand had a pending case of burglary and theft as well as of common theft before Broadhurst Magistrate Court.  

The Magistrate further told the court that although accused were normally deemed innocent until proven otherwise, it was the duty of the courts to balance the interests of the accused and those of the society before granting or denying bail. 

She reasoned that in this case the accused were said to have been heavily armed and also had previous adverse records and as such they were likely to endanger the lives of members of the public by engaging in other criminal activities once released on bail.

She also said they were a bad company to associate with and therefore denied them bail, saying they have no regard to law. With regard to Gorata Sebego, who is a student at Bambino College, and Patrick Gaile, she said though they were part of the bad and dangerous company, the court does not foresee how they could be a danger to the society if released on bail particularly that there would have no close association with their partners in crime as they would be in custody. The two also did not have previous brush with the law. 

 She however ordered them to produce two sureties who will each bond themselves with P10 000. The other conditions  of the bail was that the accused should not to commit any crime while on bail; report three times a week at SSKA Police, and also inform investigating officer detective sergeant Tlamelo Matshaba of their place of abode, where they could be always located.

According to the particulars of the offence, the five men who are all residents of Oodi, on the night of August 28, 2013 at Gaborone North Farms acting together with a common purpose murdered one Olebogeng Ramapulane, who is said to have been on duty as a night watchman. 

On the second count, the five men are accused for the attempted murder of Liu Jian Hui, still at the same farms on the same day.  During attempt on his life, Hui was gravely injured and got admitted at Princess Marina Hospital’s Intensive Care Unit.

Police have so far managed to recover some items believed to have been stolen during the commission of the offence. They have recovered a lap top, documents and P15 280 cash belonging to the injured man. 

Sergeant Edwin Masala appeared for the state on behalf of sub-inspector Galekhutle Mashumba of Sir Seretse Khama Airport Police Station (SSKA). Next mention is on December 13, 2013. Ends