30 Jul 2024

France not a candidate for bail-Magistrate

Francistown Chief Magistrate, Ms Bame Mooketsi had denied murder accused Boikanyo France, bail.

Delivering judgement July 30, Magistrate Mooketsi said the state had proven its case beyond any reasonable doubt, that France (40) who stands accused of murdering his three children in Tatisiding on July 17, was not a candidate for bail.

She said the evidence of the investigating officer, strongly implicated the accused to the offence though presumption of innocence was a legal principle that every person accused of any crime was considered innocent until proven guilty.

The magistrate also stated that direct public interest in the case should not be overlooked.

She added that looking at the society's direct interest, the magistrate court, though not the trying court in the matter, had to seek a courtroom at the High Court to accommodate all interested parties.

She said if granted bail, the public could lose trust in the courts of Botswana regarding repeated heinous crimes.

Earlier on, the investigating officer, Ms Jane Ketlogetswe shed light on how France allegedly murdered his three children at Mmoroso ward in Tatisiding.

Detective Ketlogetswe told the court that on July 17, at around 6am, they received a report that three children had been murdered at Mmoroso ward in Tatisiding.

She explained that the police rushed to the scene and found three children in a pool of blood in a two-roomed house.

She said the police also found that the grandmother to the victims and mother to the accused person was also stabbed during the incident.

Detective Ketlogetswe informed the court that police officers, members of the Botswana Defence Force, members of the Special Support Group, the general public supported by Botswana Police Service Air wing, immediately launched a manhunt.

She said the manhunt took seven days before the suspected handed himself to the police for arrest.

Detective Ketlogetswe informed the court that the suspect was arrested after a certain, Mr Peter Moyo, commonly known as ‘Mapere’ had phoned the police informing them that he had the suspect in his custody.

He said he suspect was interviewed but he denied having killed his own children.

"What he told us was that to him, his children were still alive," she submitted to the court.

However, Ms Ketlogetswe contended that France was the prime suspect in the heinous crime.

She told the court that the statement recorded from the accused's mother, directly connected France to the crime.

Ms Ketlogetswe said the mother to the accused had recorded a statement to the effect that on that fateful day, she heard the voice of a child crying and immediately recognised that it was the voice of the youngest victim.

The statement, she said, indicate that the grandmother then rushed to the house in which the suspect and the three children had spent the night.

In the statement, she said the grandmother indicated that she opened the door, which was not locked, and upon entering the house, she found France cutting the throat of the youngest child with a knife.

Asked by the prosecutor how the accused  killed the three children, Detective Ketlogetswe said the eldest (13), had a cut wound on his throat while the second one (10) also had a wound on the throat.

“The same applied to the youngest (8) who also sustained a cut on the throat.”

She said the grandmother also sustained a wound below the left breast allegedly inflicted by France.

Detective Ketlogetswe said she was against the suspect being granted bail because investigations into the matter were still fresh.

She explained that the accused had a pending case of intimidation at Kutlwano police station in which the mother of the deceased children was a complainant.

The prosecutor, and Assistant Director Directorate of Public Prosecutions (DPP), Mr Moffat Dick, told the court that  if released on bail, the accused might endanger the life of his mother and that of his partner who was currently under state protection.

The prosecutor also submitted that the interest of society must not be overlooked, adding that society demanded that when people had committed such heinous crimes, they should not be released on bail.

France will appear for another mention on August 13 and was advised to appeal the decision of the court within 14 days from the date the ruling.

France faces three counts of allegedly murdering his three children, Andile Botshelo, Katlego Botshelo and Kyven Botshelo, who were buried at Tamasane this past Sunday.

He is also accused of unlawful wounding of his mother. Ends