28 Jan 2014

Two Morongwa security guards accused of killing a suspected thief at the Institute of Health Sciences (IHS)  on Christmas eve have been released on conditional bail by Molepolole Senior Magistrate Bhekimpilo Sibanda.

The bail release followed a successful plea by defence counsel, Mrs Legolo Relaeng of Legolo Relaeng and Noke that the court should grant the suspect bail citing ruling of a High Court Judge Lot Moroka to the effect that magistrate courts had jurisdiction to listen to bail application for murder suspects.

It was then that Magistrate Sibanda ordered for the filing of the said judgment with clerk of court in Molepolole before the defence attorney could address court on the said matter since he was not familiar with the said provision.

The duo, Mathata Bakwadi and Pako Ramaeba of Molepolole allegedly murdered Mr Tlotlo Relebanye while on duty at Molepolole Institute of Health Science on Christmas Eve after they suspected him of stealing diesel at the said institution on the fateful night.  

Mr Sibanda granted the two bail on condition that each one of them should bring one surety who would each pay P5 000, to ensure regular attendance to set mention dates and not to interfere with prosecution witnesses.

Meanwhile Magistrate Lindiwe Makgoro refused to grant bail to two Molepolole men accused of stealing stock following plea by prosecution over the fact that the two were repeat offenders and could therefore not be trusted with bail.

The two Tshepiso Zulu and Dizimba Ogorogile males aged 41 and 39 could not be granted bail after the investigating officer constable Barulaganye Tiase told the court that investigations regarding the matter were at a preliminary stage and the court will be taking a risk to grant repeat offenders bail.

The two accused Zulu and Ogorogile sometime in January near Gamonkga lands were found in possession of some cattle carcasses whose brand and earmarks were obliterated and failed to produce a bill of sale.

In her ruling, Magistrate Makgoro ordered that the accused be remanded urging that although she was aware of the fact that they both had the right to liberty, they as well needed to understand that it was not absolute and could be withdrawn basing on individual conduct.

Constable Tiase advised the court to ignore Zulu and Ogorogile’s plea for bail highlighting a pending murder case of which both accused were suspects and another pending case of stealing stock implicating the first accused.

The second accused had pleaded with magistrate Makgoro to consider his bail application since he was taking care of his ailing child while Zulu argued that his right of being innocent until proven guilty should not be compromised by denying him bail. ENDS