Youthful robbery accused pleads for bail

Ivy Matlho | Thursday February 11, 2016 16:06

 

Obakeng Thamae was once again pleading before Magistrate Kamogelo Mmesi, this week, saying his co-accused has been granted bail and there was no further reason for him to stay behind bars.

Chief Magistrate Peggy Madandume had previously denied Thamae bail saying he was linked to another crime before the courts.

While the crime was later dismissed, Thamae once again was denied bail during his appearance this week.

Mmesi told the accused that she did not have any power to change Madandume’s decision and advised Thamae to make his bail application at the High Court.

“I advised you in the previous mention to apply for bail at the High Court because I cannot change what Madandume has decided. Only a judge has those powers,” she said.

Thamae said prison was a painful experience and he had suffered enough while his co-accused have been granted bail. “The person I am accused of jointly committing the crime with is waiting for trial outside while I am kept in prison. He was never kept in prison and this court has been unfair to me,” he said.

Thamae said it was unfair that he was denied bail based on a separate crime link that had subsequently been cleared up. “I am kept in prison because I was once linked with a crime that was later withdrawn. Why should I suffer due to a case that was withdrawn,” said Thamae.

“I am being unfairly denied bail. I have never missed any mention,” he pleaded with the court.

Mmesi however told the accused that there are many reasons that could lead the court to deny him bail.

“Appearing during mention dates does not guarantee you will be granted bail. There are many reasons including the fact that you were once linked to other crimes,” she said. Mmesi said that Thamae had been previously advised by the court to apply for bail at the High Court and could not blame anyone for his ignorance.

“This is not the first time you want to be granted bail and the court has previously advised you to apply for bail at the High Court but you have failed to do so,” she said.

Mmesi also said that Thamae had delayed applying to the High Court for bail and since his trial dates were close, his chances of bail have grown slim.

 Thamae and his co-accused’s trial dates are set for February 18-19.