Denying suspects bail could cost Gov’t- DPP
Pini Bothoko | Monday June 6, 2022 06:00
The release of suspects by the courts more especially in criminal cases has been regarded as a serious community threat. This has angered the public and many have felt it is not safe to release a suspect without proper supervision.
The main concern for the public is that suspects are released on bail, leaving them free to keep committing the same crimes over and over without any consequences. The law enforcement agencies also cry foul that they continue to investigate serious crimes and arrest suspects, only for the latter to end up back on the streets a few days later. Last month the DIS director-general, Peter Magosi applauded the police for doing a wonderful job but decried that those efforts are frustrated by the courts as they continue to release suspects on bail. This matter was a subject of debate again as the Attorney General (AG) appeared before the Public Accounts Committee (PAC) this week.
The PAC member and also the Member of Parliament (MP) for Tonota, Pono Moatlhodi had questioned if courts are abusing bail as they continue to grant bail to repeat offenders who thereafter continue to commit more offences while on bail. Moatlhodi argued that the suspects would be seen roaming the streets despite the sensitivity of the offences they are alleged to have already committed. “Violent crimes like murder are on the rise and have resulted in bail attracting a lot of public interest. Dozens of women continue to lose their lives at the hands of their lovers and what worries me is that the suspected offenders continue to roam the street. After they are granted bail by the courts they commit more offences,” he said.
Moatlhodi further applauded the police for doing a great job in their mandate of bringing offenders to book. Responding to Moatlhodi’s sentiments, DPP director, Advocate Stephen Tiroyakgosi said the courts are guided by the Constitution in granting bail, which is the supreme law of the country. Tiroyakgosi admitted that the issue of bail is sensitive but stated that as the public prosecutor he should uphold the Constitution. He said the issue of bail touches a very important fundamental of the Constitution issues. Furthermore, Tiroyakgosi stated that there is also the presumption of innocence, which states that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty. “There is a presumption that trial should happen within a reasonable time and there is a right to liberty unless taken away by the courts. When you put those circumstances together, a court must decide as to balance on what to do, look at when the case will start, see if it would want to put that person in custody waiting for trial or not,” he said. Tiroyakgosi further disclosed that currently they have more than 10,000 dockets in their hands at the DPP office, technically that means nothing less than 9,000 people waiting to go to trial. “Let’s suppose we are able to put all those people in remand, we will have a practical challenge because at a given time you will find that sleeping space in prisons is for about 3,600 so others will not have where to sleep.
Those are some of the practical challenges we need to look at,” he said. Tiroyakgosi stated that it must be emphasised that the denial of bail must not be used as a mechanism for imprisoning people under the guise or pretext that investigations are ongoing. He added that something tangible has to be produced before the court for that person not to be granted bail. He added that denying suspect’s bail would possibly come at a cost to government as it would result in the rise in the cost of maintaining prisons facilities and suspects who ultimately get acquitted could sue the government. “What if you put someone behind bars for years awaiting trial and gets acquitted at the end of the trial. That person would definitely sue and the government will lose a lot of money. I am not saying people should not be put under custody but I am saying we should look at all these factors,” Tiroyakgosi explained.