Public needs to be educated on bail
Pini Bothoko | Wednesday September 21, 2022 12:14
It seems the perception that the police arrest suspects and the courts quickly release them on bail having taken hold has left the general public disappointed by the legal system.
Moreover, some people feel the legal gaps are defeatist to the police mandate of clearing the streets of criminals with the guardians of justice deemed to be supportive of the crimes committed.
For years, across the social media platforms, members of the public have been showing their displeasure over bailouts as suspected offenders continue to roam the streets after being granted bail by the courts. They (the public) believe that this is done so without their consideration and as such put them at the mercy of the perpetrators of crime.
However, when granting bail to the traditional doctor, Kebaleboge Ntsebe (42) who is the fourth accused person in the gruesome murder of a teacher who was allegedly butchered at Kopong two months ago on Wednesday, Magistrate Jobbie Moilatshimo said more needs to be done to educate the public about bailouts because every time when a murder accused is granted bail, the decision always angers the public.
Ntsebe had appeared alongside her co-accused, Oageng Moagi Letsholo (46), Leufty Gaolemogwe Kosie (47) and Outlwile Aston (48), who is the deceased’s husband for the murder of Barulaganye Aston. Responding to Ntsebe’s bail application, Moilatshimo further stated that the law subscribes to the notion of innocent until proven guilty and it also states that the accused person be afforded a chance to wait for trial whilst on bail. Moilatshimo stated at a bail application stage, the enquiry is not concerned whether the accused person has committed the offence charged with or not and members of the public need to be sensitised in that regard.
She admitted that the seriousness of the murder charge in particular, always results in attracting a lot of public interest but they should be taught how the law operates. “In exercising bail discretions, whether to grant the accused person bail or not, the court needs to strike a balance between the accused people’s general right to liberty pending trial and the prejudice that could be caused to the interest of justice in the society at large by any breach of any bail conditions,” Moilatshimo said. She further stated that when appearing before court for her first mention, Ntsebe told the court that she is not in any way implicated in the case hence pleaded for bail. She added that Ntsebe also disclosed to court that she was shocked to have been attacked and assaulted by police officers demanding the deceased’s lungs while she did not know anything about the murder. Moreover, Magistrate Moilatshimo stated that Ntsebe told court that she has a daughter who is doing Standard 7 and has abandoned her stating that she was recently raped and needs her support especially that the culprit has since been released. She added that Ntsebe further disclosed that she is the main caretaker of her daughter who will soon be writing her Primary School Leaving Examinations (PSLE) and needs her support.
Furthermore, she said Ntsebe also stated that she has been cooperating with the police to a point of showing them where some of the exhibits were burnt down showing that she did not take part in the offence of murder as alleged. “Ntsebe said her daughter is also a witness in this matter. Furthermore, she told court that her partner is living with disabilities and needs her support. She also revealed that she only got to know Aston (the third accused) as he came for consultation about his life and nothing to do with the alleged murder.
Additionally, she alleged to have been assaulted by the police and since the beatings she has been in and out of the hospital because she no longer urinates properly," She added. However, Moilatshimo said the prosecution had opposed Ntsebe’s bail stating as there are submissions that all meetings to discuss the implication of the murder and concealing of the evidence were held at Ntsebe’s home with some exhibits also alleged to have been burnt at her place. She added that the prosecution has also submitted that one of their witnesses is Ntsebe’s daughter and have not recorded her statement hence if she could be released on bail she could interfere with their investigations. “The State also submitted that some of the deceased’s body parts were extracted from her body and they are currently awaiting postmortem to confirm if indeed they are missing or not if so they will conduct through investigations.
However, the prosecution’s submissions do not speak much about the involvement of Ntsebe in the murder hence should be afforded chance to wait for trial whilst on bail,” she said. Moreover, she said the State had two months to interview and record Ntsebe’s daughter’s statement hence not knowing why did they not do so as yet. She added that the prosecution should prove beyond reasonable doubt why Ntsebe could not be granted bail not based on mere speculations.
At the end, the court granted Ntsebe bail on conditions that she should pay the sum of P3,500 and provide two sureties who will bind themselves with the same amount, not to interfere with witnesses and to report before the Mogoditshane Police Station every fortnight. Other accused persons were further remanded in custody and will appear on September 27.