No show by DPP leads to acquittals
Lebogang Mosikare | Thursday March 5, 2015 18:23
The case involved Keotshepile Jacob who allegedly threatened to kill one Bantsi Makgothi in Francistown last year at Block 4.
Jacob’s attorney Baboki Dambe applied for the case to be dismissed after there was no appearance from the state.
Dambe said that his client incurs a lot of costs attending court because he travels from Gaborone.
Said Dambe: “The accused also suffers a lot of legal costs because he has to pay for my appearance every time he comes to court.
“I do not want to apply for his warrant of arrest because the prosecutor was told that he should be here since trial dates were set in his presence.
“He missed court during the last sitting for similar.” “If it was the accused who was absent from court for invalid and unexplained reasons his bail was going to be revoked.
“The same should also apply to the prosecution. It is not our wish to see cases dismissed from the roll merely because of the unavailability of the prosecution since this does not serve justice. “In the circumstances I apply for the case to be dismissed for want of prosecution without prejudice to the state.
“The state may reinstate it whenever they are ready to prosecute,” said Dambe.
In complete acquiescence, Siziba acquitted the accused.
In another matter, as if by coincidence, Senior Magistrate Thebeetsile Mulalu dismissed a case in which Dhaimana Munyari was charged with possession of suspected stolen goods.
The state alleges that Munyari was found with electric cables worth P2,200 belonging to Frank Joel at Tati Siding in May 2014.
Munyari’s attorney Anthony Manenji applied for it to be dismissed after the prosecutor did not turn up for continuation of trial.
“The accused had already taken a plea. We were ready for trial. The prosecutor was present when trial dates were set for today. I apply that my client be acquitted and discharged,” said Manenji.
Meanwhile, during the opening of the legal year this year, Chief Justice Maruping Dibotelo expressed serious concern about prosecutors who are always absent for unexplained reasons.