ATM suspected fraudster denied bail

Tumelo Mouwane | Wednesday December 9, 2015 15:29

 

Brian Tendai Poteredzai (33), faces two counts of unlawful importation of automated teller machine card scheming device designed for commission of cyber and computer related offences.

On count two, Poteredzai alongside other three accused, Gaofenngwe Mokibe (22), Batlhalefi Ramatlapeng (22) and Thomas Chingongo (24), all employees of a local filling station, face a charge of unlawful possession of devices designed to commit cyber crime offences.

The state alleges that the four accused persons were found in possession of the same machine in Gaborone on or about November 5.

Kutlo Tsekane of the Directorate of Public Prosecutions argued that Poteredzai was not a candidate for bail as he was a flight risk and his travelling documents needed to be authenticated.

“We object bail for the first accused since he is a flight risk. We are of the belief that he doesn’t have travelling documents. His attorney submitted his passport but we can’t confirm its legitimacy, as we are not experts in that field,” he said.

He added that they intend to send the passport to the Zimbabwean Embassy for authentication.

However, Friday Leburu, representing Poteredzai said his client was a candidate for bail arguing that authentification of the passport was not their concern.

“We cannot determine the issue of the accused persons passport legitimacy; its up to the prosecution to carry out such and they will come back to communicate the results to us. Our view is that the passport is valid and its expiry date is in 2021,” Leburu said.

Leburu further said if his client was denied bail he might spend more time in jail for an offence that was less serious.

“This is a less serious offence and it should be noted that if convicted, the accused person will only spend a year in jail. He may spend six months in prison if he is a first offender. You don’t put a man in prison as a form of anticipatory punishment,” Leburu said.

The investigating officer, Onneile Tshoganetso, said there is likelihood of the state adding more charges against the accused persons as many people were victimised and more reports continue to flow in.

The other accused, Ramatlapeng, Chingongo and Mokibe were granted bail on condition that they produce two sureties, report every fortnight at the Central Police Station CID offices; that they attend court at all times and refrain from committing any crimes whilst on bail.