Court thwarts Selolwane bail application attempts
28 Oct 2024
Rape accused, Samuel Selolwane’s attempt to liberty has once again been thwarted by the High Court.
The 59-year-old Selolwane, who is accused of raping a 13-year-old girl earlier this year, had his bail petition application struck out by Lobatse High Court Judge, Justice Reiner Busang on October 25.
He was petitioning a decision by Magistrate Ms Linah Oahile-Mokibe of Broadhurst Magistrate Court to deny him bail.
In his ruling, Justice Busang said the court had no powers to entertain petitions that were disguised as appeals against the orders of other courts.
He said the petitioner failed to help the court due to the convolution and mix up that characterised his pleadings and heads.
Justice Busang said Selolwane’s heads raised new issues that were not pleaded including a previous petition before Justice Itumeleng Segopolo of the Gaborone High Court.
Furthermore, Justice Busang expressed dissatisfaction over Selolwane’s attorney, Dr Obonye Jonas, saying although attorneys were allowed to express dissatisfaction over the decision of the court, such should be done courteously.
“Judicial rules of etiquette require practitioners and their clients to uphold the highest standards of utmost decorum in dealing with judicial officers before any forum, whether in the presence or absence of the judicial officer concerned,” Justice Busang said.
He said a lawyer or his client should not make statements that may undermine public confidence in the administration of justice.
He said lawyers no matter how dissatisfied they may be by a decision of the lower court; they should resist the temptation to attack the person of the judicial officer by use of language that personalised the institution of the court.
“Lawyers should not make gratuitous, undignified and discourteous statements that may bring the administration of justice and the judicial system into disrepute by impugning the integrity of the individual or person of a judicial officer,” he said.
Selolwane was first arraigned for a rape charge in January where he made a bail application and was unsuccessful.
In pursuit of his liberty, Selolwane had approached Justice Barnabas Nyamadzabo, Justice Itumeleng Segopolo, Magistrate Mpho Setshegetso as well as Magistrate Oahile-Mokibe for bail, all of which he was unsuccessful.
Among the reasons for his denial of bail was that investigations were fresh and that he faced a serious offence of rape, which may induce him to flee. Also, he refused to allow the state to perform forensic examination on him. Ends
Source : BOPA
Author : Bonang Masolotate
Location : Gaborone
Event : court case
Date : 28 Oct 2024
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