News

Fugitive Samotse denied bail

Lebogang Mosikare | Tuesday October 7, 2014 10:48

 

Advancing reasons why the accused was not a good candidate for bail, Principal Magistrate Sijabuliso Siziba said that when his case was registered before court on August 14 he was given bail.
He was given a cash bail of P1,500 and was asked to report at certain intervals to the police station. He was also asked to appear in court on September 14 in 2014. 
Siziba added: “The matter was brought to court on the issue that the accused was intending to flee to South Africa. 
“The investigating officer has pleaded with the court to refuse him bail based on those  allegations.  “It is not in dispute that thereafter the accused person skipped the country to South Africa.” Siziba said the investigating officer alleged that the accused was arrested on September 5 at Martin’s Drift border and he (the accused) told the court that he went there to see his aunt. 
Siziba added that there was no dispute that the accused fought against being extradited from South Africa, hence the prosecution was opposing his bail. 
“The accused is facing a very serious crime in nature with a maximum sentence of a death penalty if found guilty. “The statement that has been made about the extradition process by South African counterparts to bring the accused to face his charge for murder cannot be dismissed. 
“If a murder suspect crosses into South Africa, (South African police can refuse to bring him here (unless there is assurance that he cannot be hanged, even if found guilty of the offence),” said Siziba.
Siziba stated that given the allegations that the accused was arrested at the border of South Africa, if he can cross to South Africa he may never return to stand trial.
State prosecutor Ronny Mmuso had argued that the matter was pending without a trial date after the accused fled to South Africa to escape trial in Botswana.
“I apply for the warrant of detention against the accused to be further extended because he has shown that he may not attend court when required to do so,” said the prosecutor.
Samotse who allegedly killed his girlfriend said; “I went to the High Court to apply for bail and I was told to furnish the court with reasons advanced by the magistrate to deny me bail. I have not been furnished with those reasons even though I was told I will get them today (Monday).” Siziba told Samotse that he had never asked for the reasons why the prosecution applied for his further detention in his last mention before court.
The magistrate then handed Samotse the reasons why he cannot be granted bail.
Samotse then stated that he had not been given the P1,500 that he paid as part of  his bail conditions.
To that, Siziba told the prosecution to help Samotse liaise with the court clerk to get his money.  The accused who spoke Setswana with a South African accent will appear on October 20 for mention.
According to the South African press, the officials at the home affairs ministry who deported Samotse may face attempted murder charges as they were aware that he may be hanged if found guilty. 
The case was brought by lawyers for Human Rights (LHR) before a Pretoria High Court.
The department was blamed for deporting Samotse from Polokwane prison last month despite its knowledge of a non-surrender order signed by the minister of justice and correctional services.

Advancing reasons why the accused was not a good candidate for bail, Principal Magistrate Sijabuliso Siziba said that when his case was registered before court on August 14 he was given bail.

He was given a cash bail of P1,500 and was asked to report at certain intervals to the police station. He was also asked to appear in court on September 14 in 2014. Siziba added: “The matter was brought to court on the issue that the accused was intending to flee to South Africa. 

“The investigating officer has pleaded with the court to refuse him bail based on those  allegations.  “It is not in dispute that thereafter the accused person skipped the country to South Africa.” Siziba said the investigating officer alleged that the accused was arrested on September 5 at Martin’s Drift border and he (the accused) told the court that he went there to see his aunt. 

Siziba added that there was no dispute that the accused fought against being extradited from South Africa, hence the prosecution was opposing his bail. “The accused is facing a very serious crime in nature with a maximum sentence of a death penalty if found guilty. “The statement that has been made about the extradition process by South African counterparts to bring the accused to face his charge for murder cannot be dismissed. 

“If a murder suspect crosses into South Africa, (South African police can refuse to bring him here (unless there is assurance that he cannot be hanged, even if found guilty of the offence),” said Siziba.Siziba stated that given the allegations that the accused was arrested at the border of South Africa, if he can cross to South Africa he may never return to stand trial.State prosecutor Ronny Mmuso had argued that the matter was pending without a trial date after the accused fled to South Africa to escape trial in Botswana.“I apply for the warrant of detention against the accused to be further extended because he has shown that he may not attend court when required to do so,” said the prosecutor.

Samotse who allegedly killed his girlfriend said; “I went to the High Court to apply for bail and I was told to furnish the court with reasons advanced by the magistrate to deny me bail. I have not been furnished with those reasons even though I was told I will get them today (Monday).” Siziba told Samotse that he had never asked for the reasons why the prosecution applied for his further detention in his last mention before court.The magistrate then handed Samotse the reasons why he cannot be granted bail.Samotse then stated that he had not been given the P1,500 that he paid as part of  his bail conditions.

To that, Siziba told the prosecution to help Samotse liaise with the court clerk to get his money.  The accused who spoke Setswana with a South African accent will appear on October 20 for mention.According to the South African press, the officials at the home affairs ministry who deported Samotse may face attempted murder charges as they were aware that he may be hanged if found guilty. 

The case was brought by lawyers for Human Rights (LHR) before a Pretoria High Court.The department was blamed for deporting Samotse from Polokwane prison last month despite its knowledge of a non-surrender order signed by the minister of justice and correctional services.