Suspected robber granted bail

Tumelo Mouwane | Tuesday March 22, 2016 15:21

 

The state alleges that the two used violence to steal a brown Levis wallet and a black Nokia cellphone from McLeod Sibanda and his wife Ivy Bonyana Sibanda on July 5, 2013. The value of the stolen goods was P1,600.

The accused person said his bail was revoked as he had missed court sessions at the Lobatse magistrate’s court due to illness.

Mojatlale, who appeared alone, said the situation worsened and he could not even walk to the police station to report himself or attend court sessions.

Mojatlale further said he was at the time attended by a traditional doctor between March and November 2015. Mojatlale submitted a traditional doctor’s certificate to the court as evidence.

“I was later arrested and arraigned before the Lobatse Magistrates Court in November.

The magistrate asked me where I had been and I told him that I was sick. I didn’t present any medical certificate before the magistrate that proved that I was sick but I told him I was being attended by a traditional doctor. My bail was then revoked,” Mojatlale said.

The accused further informed the court that he was still sick when he was remanded in custody in November last year, but prison officials did not allow his traditional medicine into the prison.

“I was still sick when I was remanded in custody but prison officials did not allow my traditional medicine into the prison. They took my blood samples and realised that indeed I was sick.

Still I couldn’t access medication at the prison clinic because I did not have an Omang at the time.

I now have an Omang and I will be able to get medication when I am given back my bail,” Mojatlale said.

Arguing for his bail, Mojatlatle contested the state’s allegations that he missed court intentionally. Mojatlale pleaded with Dube to take into consideration that he has two kids, which are being taken care of by his mother.

“The prosecution accuses me of missing court on April 27th last year.

 I did not miss the court seating as such, my matter was called first on the court roll and I was mistaken for another court. I have never missed court intentionally.

“I have two children and my wife is far away in Tswapong and the children have been left with my mother who works at Ipelegeng,” he said.

Gorata Mokgacha of Directorate of Public prosecutions (DPP) opposed the accused person’s bail application saying he had not respect for the law.

“He has no respect for the law whatsoever, he does not respect bail conditions. Over and above, trial is set to continue on April 15th, the date is not far from today.

The accused person disappeared in March last year; he was traced and arrested in November 2015. The only reason he provided for his disappearance is that he was sick,” Mokgacha said.

The state conceded seeing the traditional doctors certificate submitted by accused person. However, Mokgacha said they could not deduce from the document how, when and where the accused person was treated for his illness.

“The accused has filed a traditional doctor’s certificate. We cannot deduce from the certificate as it is not commissioned and it doesn’t even show what the accused was treated for and at what time. We cannot rely on this certificate. The last sentence reads ‘Kene ke thusa Molefhi kena le ba sepatela, ke gone gotlhe’.

“The other document indicates that the accused was only taken to the hospital after an assault.

We don’t know how these papers are related. Should the accused person be granted bail, there is high chance that he may abscond,” she said. The accused said he could call the traditional doctor to the stand to testify before the court that he had indeed assisted him.

Dube granted the accused person bail on condition that he surrenders his travelling documents to the Old Naledi police station commander; attend court session as per the set dates at the Broadhurst Magistrates Court.

The accused was also ordered to pay P1,000 and find two Batswana sureties who will bind themselves with P1,000 as well as report himself to the Naledi police station twice a week and not be a suspect in any offence.