�Be serious or else� � judge warns accused
Mpho Mokwape | Thursday May 8, 2014 10:29
Dingake told Gilbert Nkomo – representing himself – that he needs to show more thought in his filed bail application documents or risk being booted out of court.
Nkomo, who claims to have spent close to a year in remand awaiting trial, had approached the High Court for bail, but only submitted three lines of text in his affidavit.
“Normally I would dismiss your case,” Dingake said.
“You cannot be submitting a three-line affidavit and expect me to listen to your case. I am only being lenient because I am concerned about your pre-trial incarceration,” he said. Dingake advised Nkomo to file the proper documents.
Dingake also told the accused that his application was bereft of supporting documents such as travel documents. Nkomo earlier disputed the state’s evidence that he was an illegal immigrant.
State counsel, Gorata Ngani, earlier in the matter told the court that the accused should not be given bail saying he is facing a serious offence that carries a potential 10-year sentence, if convicted.
“He is a danger to society as he is facing a rape charge,” said Ngani.
Ngani added that the accused was an illegal immigrant who failed to produce travel documents when arrested and could skip the country if granted bail.
“We also ask the court to consider that he came into the country illegally and he might do the same to leave, more so that he does not have a permanent place where he can stay while awaiting trial. He also does not have a job,” emphasised Ngani.
Nkomo told court that he has been languishing in jail as the prosecution of his case dragged on.
“The reason for my bail application is that I have been in jail since May 15, 2013 and the case has been postponed several times leaving me in the dark,” he said.
He told the court that he lost his travel documents and claimed police in Molepolole were aware of the loss. Nkomo said he had a place to stay with his mother who is married in Botswana.
The case continues on June 2.