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Magistrate remands duo pending bail finalisation

13 Jun 2024

Two men accused of being found in possession of goods stolen outside Botswana will have to wait a little bit longer in prison pending finalisation of their bail application.

The two, Mompati Macheng (32) and Prince Mpho Lebekwe (28) both of Pilane had pleaded with Principal Magistrate, Ms Queen Moanga of Mochudi Magistrate Court on Wednesday to grant them bail. The application for the duo was made by their lawyer Mr Kole Kole.

However, after listening to both the defence and the state, Magistrate Moanga scheduled the bail ruling to next week Monday, saying she would prefer to give a thorough ruling.

This was after the defence attorney, Mr Kole tried to persuade the magistrate to make her ruling on the application before her, adding that reasons for either granting bail or denying could wait for next week.

Nevertheless, such submission could not convince the court as the magistrate said she preferred a thorough judgment, hence she scheduled it for June 17.

Earlier, the prosecutor, Inspector Jacob Sesupo of Mochudi Police station opposed the bail saying investigations were not yet complete considering that the accused persons were only arrested on June 8.

The state had also in its opposition stated that the vehicle registration documents, including the police clearance and chassis number appeared fake. However, Mr Kole disputed the state claims that his clients were not candidates for bail.

He said none of his clients were competent to generate any of the said documents, hence they could not be denied bail on the basis of documents.

Also, he said the investigating officer was not a competent authority on whether the documents were fake or genuine, hence the state wanted the court to make a decision based on hearsay.

Mr Kole also said the state had failed to avail any proof to court that the said vehicle was indeed stolen.

He further said the police failed to authenticate whether their own police clearance was fake or not.

The accused persons, Macheng and Lebekwe are said to have, on or about June 8, 2024 in Mochudi, Kgatleng Administrative District , acting together with one common purpose and without lawful excuse, found in possession of a grey Toyota Hilux Legend 50 valued at P250 000, reasonably suspected to be stolen outside Botswana.

The vehicle is alleged to have been stolen in South Africa and sold to one Lesole Katlholo at P300 000, of which P260 000 was paid in cash and the rest was to be paid in ten months. The bail ruling is scheduled for June 17.  ENDS

Source : BOPA

Author : Bonang Masolotate

Location : MOCHUDI

Event : Court Case

Date : 13 Jun 2024