'Fake News' suspects denied bail
Mpho Mokwape | Tuesday April 14, 2020 21:17
The trio who are facing four charges, the first two being ‘publishing statements with intention to deceive persons about the COVID-19 infection’, and last two being ‘use of offensive electronic communication’ arraigned before Broadhurst Regional Magistrate's Court.
The arraignment comes after they were arrested following what the police said they had apparently established that they are administrators of a Facebook page called ‘Botswana Trending News’ which is alleged to have published ‘fake news’ pertaining to President Mokgweetsi Masisi and the current COVID-19 world pandemic.
Makofi denied the accused persons bail on grounds that the matter was of great urgency, sensitive and that the police have requested more time to investigate, as it was still a fresh matter.
He explained that though he understood that the accused have been detained for much longer than the law prescribed, it was a case of looking at the gravity of the matter.
“This is a matter of great concern, especially if it can be proven that the accused persons committed these offences. It will be disheartening, as it will look like they are undermining the government’s efforts to fight against COVID-19,” he said.
Makofi said the accused persons, if given bail, would likely interfere with investigations as the matter was serious and needed thorough investigation.
He pointed out that he took into account that the police requested that they needed seven to 14 days to be able to extract and preserve the electronic information that was published, which will be used as evidence in court.
On count four as he concluded his ruling, Makofi said he was surprised that the prosecution decided to lay charge now despite saying the offence was committed January this year.
He questioned why they were never charged as they have always been around and that the law under which they are charged was also there before the COVID-19 regulations came into effect.
Earlier on, the defence team of Biggie Butale and Kagisano Tamocha tried in vain to get their clients off on bail.
Butale had told court that the accused persons had been detained more than what the law permitted.
“Our clients have been detained more than 48 hours and that is not what the law allows. Also this matter is not urgent as the prosecution wants us to believe,” he said.
However, the prosecution was adamant that the matter was of a serious nature therefore the accused persons should be remanded in custody so that they do not interfere with the investigation.
The state told the court that the accused persons were administrators of the Facebook page in question with passwords, so they might tamper with the investigation.
The case will resume on April 21, 2020.