Murder accused police officers ask for bail
Lebogang Mosikare | Wednesday February 12, 2014 20:15
Motivating his application on Monday, Kabelo Gaonyadiwe from KK Sechele Attorneys said his clients, Atlholang Mojanki, 33, and Tshepho Queen Nlewa, 42, should be presumed innocent until proven guilty. Gaonyadiwe told Senior Magistrate Thebeetsile Mulalu that Mojanki cannot be denied bail unless there are strong reasons to detain him.
“We are of the view that there are no reasons to keep on detaining the accused. He was granted bail for the charge of kidnapping he was previously charged with and he religiously followed his bail conditions. He did not interfere with police investigations and prosecution witnesses,” said Gaonyadiwe.
He added: “We apply that Mojanki should report to Central Police Station every Wednesday during working hours and should attend court as and when required.
“The accused has shown good character towards the investigations and has not given the prosecution any problems. He is a good candidate for bail.”
As for Nlewa, Gaonyadiwe said she had not been linked with the current offence until the state substituted the previous charge sheet of kidnapping.
“There have been no complainants whatsoever against Nlewa from the prosecution. She neither interfered with investigations nor witnesses and she does not even know their identities.
“She lives in Botswana permanently. We are of the view that there is no likelihood that she will abscond from trial. The court may impose stringent bail conditions to make sure that she appears in court.” Countering the application by the defence, Connie Letswalo from the Directorate of Public Prosecutions (DPP) said that it is a fact that the first accused person (Mojanki) was initially charged with kidnapping.
She said that there has been a change of circumstances that makes it imperative for him to be remanded in custody.
“Murder is a serious offence that carries the death penalty. Police have started their investigations in a totally different matter.
“Upon my perusal of the docket, I found statements of Lobious Ndebele and Hloniphani Nkomazana who were detained in the same cell with Mojanki.
They said that Mojanki told them that if granted bail he will go and see a certain Pastor Sox to help him win the case,” said Letswalo adding that the prosecution is still to interview him (Sox).
Sox is a charismatic pastor based in Borolong village where people with an assortment of ailments, ostensibly caused by demons, have gone to seek miracle cures.
Said Letswalo: “The accused persons are lovers. They were seen together after the commission of the offence. We think that she knows something about the murder.
“We pray that they be denied bail because they may conceal evidence. Our investigations are not complete. The cellphone belonging to the deceased and instruments used to kill her have not been found.”
“We also apply that blood samples should be taken from Mojanki to determine if DNA found at the scene of crime is his or not.” He added. Objecting to the states application, Gaonyadiwe said the prosecution is derailing from the manner in which investigations are carried out.
He said that the position of the law is that the police investigate first then arrest before charging accused persons, not vice versa.
“I do not see any reason why the accused should be detained. If at all Mojanki wanted to interfere with investigations and witnesses, he had ample time to do so after he was given bail in the kidnapping matter. There are no complaints from the investigations officer that the accused have tried to interfere with investigations and witnesses. We pray that they be granted bail,” said Gaonyadiwe.
The accused will appear in court on February 17 to hear ruling concerning their bail application.