Mzwinila appeals Baroda jail term
Mpho Mokwape | Wednesday April 23, 2014 11:23
Mzwinila and his brother, Edward were found guilty of robbing the bank of P1 million in 2003. In his argument, Mzwinila who appeared in person said he was appealing on the basis that the matter should have been backdated from the time he was arrested and held in custody by the South African police. He said he spent close to five months in police custody in South Africa while awaiting extradition to Botswana.
When asked by Appeal Court president, Ian Kirby why he refused to come back to the country instead of waiting to be brought by extradition, Mzwinila submitted that he hoped he could elude the police so that they could not pin the crime on him.
Unfortunately, things did not go according to his plan, making him skeptical about coming back of his own volition. At this juncture, Kirby said the argument of being held in jail in South Africa was a new development that they will have to look into before the court makes a decision. He told Mzwinila that the state seemed to be lenient on him saying that he made things difficult for himself by refusing to come back to Botswana and face the wrath of the law.
The state, represented by Lesedi Seloka, said that there are no records of Mzwinila being arrested in South Africa in their files thus making it difficult for them to argue about his case. He said the trial court should have backdated the sentence because the mandate of the state is only to prosecute. Judgment is reserved for May 9, 2014.