18 Jul 2024

Mochudi Principal Magistrate, Ms Queen Moanga has withdrawn without prejudice a case in which two Batswana men were charged for being found in possession of goods stolen outside the country.

The duo, Mompati Macheng (32) and Prince Mpho Lebekwe (28) were granted their liberty on July 17 after their lawyer Mr Kole Kole argued that the prosecution was not ready to continue with the matter.

He said the prosecution was exploiting the court’s processes to conduct investigations. 

He told court that his clients although on bail, were having their liberty infringed as they had to report themselves to the police fortnightly.

Also, he said his clients engaged an attorney to defend them and had to pay for each court appearance at their own expenses. 

Mr Kole said initially when the matters were registered, the prosecution had indicated that they would need only 14 days to wrap up their investigations, but the period had lapsed with no progress.

“Our attitude has not changed, this court is not a parking lot for half cooked cases,” Mr Kole said. 

He further said the magistrate’s court was created by statutes, adding that legally the case should go to the initial case management conference (ICMC), failure of which the case must be withdrawn. 

“This court is not an extension of Botswana Police where they can use it to further their investigations,” he added.

However, Inspector Jacob Sesupo of Mochudi Police station said the state was not opposed to the matter being withdrawn with liberty to reinstate. 

He also told court that investigations were ongoing and the prosecution was expecting the vehicle owner and South African police in the country sometime this week to identify the vehicle.

The accused persons, Macheng and Lebekwe were alleged to have on or about June 8, in Mochudi in 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  have been 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. Ends