10 Feb 2014

Village senior magistrate, Ms Alice Rammapudi has granted a conditional bail to three men accused of a single count of robbery involving large sums of money, jewelry and gold coins amounting to P10 000 on their own recognisance.

The trio’s lawyers successfully argued that their clients could not pay cash bail of P10 000 as they did not have such amount of money, more especially that the first and second accused were not employed while the third accused had just found a job beginning of this year.

The three are Modulasetilo Seretse, Moses Ketembele and Mhina Mhina who had been in custody since they were arrested on different dates two weeks ago.  The fourth suspect in the matter has not yet been arrested.

According to particulars of the offense, the trio robbed one Pogiso Matlhare at Phase IV location in Gaborone, using violence, the sum of P450 000, R42 000, jewelry worth P85 000 and three gold coins, whose value was not yet known to the prosecution.

Earlier on, state prosecutor Sub-inspector Oageng Tirelo of Gaborone West Police Station had told the court that they were not opposed to bail, but insisted the accused should deposit P10 000 each with the treasury and also produce two sureties who will each bond themselves with P5 000.

They were also to report to Gaborone West Police Station twice a week and not commit any criminal offense while on bail.

However, defence counsels, Mr Leonard Mosepele for the first accused, Seretse and Mr Shame Taimu for Ketembele and Mhina argued that they did not have a problem with other bail conditions except for the P10 000, which their clients were to pay before they could be granted bail.

Mr Mosepele argued that it was wrong for the state to say that the cash bail was consistent with the alleged stolen large sum of money.

He said even where an accused was charged with murder such as in the case of Kegone Sebina and others, the accused had been given a bond bail with conditions although life was more precious than money.

For his part, Attorney Taimu argued that it would not be a justifiable move for his clients to rot inside prison just because they were too poor and could not immediately raise the P10 000 demanded by the prosecution.

He also said there was nowhere in Botswana’s jurisprudence where the amount of money stolen should determine the amount of cash bail.

In her ruling, Magistrate Rammapudi concurred with the defence lawyers that the accused are to suffer prejudice if they are to be compelled to pay cash as it is evident that they cannot raise that amount and therefore will stay in custody until the matter is brought to finalisation.

She therefore admitted them to a P10 000 bail on their own recognisance with other conditions set by the prosecution. Ketembele on the other hand, who is a foreigner, was ordered to surrender his travel documents to the police.

Meanwhile, the magistrate said the defence would be furnished with witness statements once investigations have been finished.

The accused will appear for another mention on March 10. ENDS