Murder, twice rape accused denied bail

Lebogang Mosikare | Wednesday September 9, 2020 10:27

 

Murder, twice rape accused denied bail

The applicant, Kabo Mankgwara, has applied for bail pursuant to a rape case registered under CMMSW-000524-18, according to the state’s papers. 

“He was denied bail at the trial court on January 30, 2019. The history of the matter is that the applicant was summoned to appear in court for arraignment on November 27, 2018 and he failed to attend court. He was then arrested by the police pursuant to a warrant of arrest issued in connection with another rape case pending before the Serowe Magistrate’s Court case number CMMSW-425/17,” according to the state’s answering affidavit signed by the investigations officer (IO), Fibion Hlomane, in support of the state’s application to deny Mankgwara bail.

Hlomane continued: “On January 30, 2019, the applicant was brought before court where the Magistrate denied his application for bail and ordered that he must remain in custody until the completion of the matter on the basis that he failed to attend court on November 27, 2018 and the fact that he had other pending cases against a person, rape case CMMSW 000425/25 and murder case CMMSW-000016/19. On the same day, the applicant’s bail was revoked on another rape matter CMMSW 0000425/17. He has pursuant thereto made another application before this court under case number MCHFT-000022/20.”

The records in my office, Hlomane added, show that the applicant has a murder of case registered under case number CMMSW-000016/2019 as he has mentioned in his papers which is pending committal for trial at the High Court. 

“As the officer-in-charge, I strongly oppose his bail application on the grounds that although he is a citizen of Botswana, he has shown through his conduct and behaviour that he has no regard for the law and human life. Furthermore, when the applicant was given the opportunity to await trial whilst on bail, he continued to commit crimes and did not attend court when required to do so until his bail was revoked on January 30, 2019. With his history of not attending court sessions, I am of the view that he might abscond and not turn up for his trials if he is released on bail. As such he is not a good candidate for bail,” Hlomane said. 

When dismissing Mankgwara’s bail application, Justice Phuthego said that the prosecution is of the view that Mankgwara was a flight-risk and he has not refuted those averments.

“The applicant also comes across as a person who treats other people’s rights with disdain. He has two rape cases and one murder case. He committed one rape case while he was on bail. He also skipped attending court whilst on bail. Taking that into account, the law dictates that he should be detained in custody pending the finalisation of his trials. His application for bail pending trials be and is hereby dismissed,” Phuthego said.