Quartet remanded over alleged gang murder

Lebogang Mosikare | Wednesday June 18, 2014 06:59

 

Siziba ordered that the four, Bokamoso Charles, Mompati Gabanakgosi, Moses Seleka and Jobe Gabanakgosi, who are alleged of having killed Moratiwa Motswaise on June 5 at a popular shopping complex in Somerset West, be kept in jail pending police investigations.

The quartet was asked not to take a plea since investigations into the matter began yesterday. They told the court that they will look for attorneys to defend them.  

Inspector Alexander Phale said that the reason the accused could not  be granted bail is that three of the accused were arrested in Serowe only on Monday. They had not been taken to the crime scene and are yet to be interviewed by the police, said Phale. Asked to justify why the accused could not be bonded, the investigating officer, detective sub inspector Rodgers Mbulawa said that he was allocated the case on Monday after the police officer who initially handled the matter left for further studies. He said he went to Serowe where he found that the accused had been remanded for a different offence

Mbulawa said that investigations are still fresh and applied for the accused to be further remanded to allow investigations to continue. 

“We may further charge the accused with armed robbery. I fear that if the accused are released on bail they may interfere with our investigations and witnesses,” he said.

Charles pleaded with the court to grant him bail. He then asked how long investigations would take and in response, Mbulawa said it depends, since his investigations only started on Tuesday (yesterday). Mompati alleged that he was tortured by the police and sustained a broken jaw adding that his teeth are now shaky. Seleka told the court that he did not have any questions for the investigating officer while Jobe told court that he was also tortured by the police and sustained broken jaws. He also alleged that his tooth has been removed because of police torture.

While ruling in the state’s favour, Siziba was not entirely impressed. 

“Investigations are yet to begin. The accused should be presumed innocent until found guilty. To be specific, the prosecution has not shown how the accused may interfere with their investigations if granted bail,” he said, adding that, “this is another matter where the police want the accused to be remanded prior to investigations. The right procedure is that investigations should start before the accused are arrested. However, the prosecutions insist that investigations are not complete. The reasons advanced by the prosecution are not convincing”. He however noted that since investigations are not yet done, “I am of the view that the police should be given time to put their house in order. I will give them a week to investigate”. 

Siziba ordered that Mompati and Jobe be taken to hospital for medical attention, and that the accused should be in court on June 14.  

Meanwhile in another matter before Principal Magistrate Dumisani Basupi, the state applied for charges against two brothers who were alleged to be found in possession of a stolen Nissan Sentra worth P30,000 to be withdrawn with prejudice to the state. Prosecutor Mokokomani  Azhani also added that the car suspected to be stolen in South Africa by Oneday Madedera and Barnabas Madedera in August 2007 should be returned to its lawful owners.

The accused’s attorney, former high court judge, John Mosojane said he agreed with the state’s application. “I make an application for the accused to be acquitted and discharged with prejudice to the state,” said Mosojane.

Said Basupi: “The matter is withdrawn with prejudice to the state. The car shall be returned to its owners in South Africa.”