�I don�t want my court to turn into a mockery� - magistrate
Goitsemodimo Kaelo | Friday September 2, 2016 15:31
Dikobe is the third accused in a case in which he together with three others Kitso Modirantwa, Tebogo Matlhabaphiri and Onkemetse Papiso, who was not present in court, are facing two charges of armed robbery and another of breaking into a dwelling house. Attempting to convince the magistrate to grant him bail, Dikobe said he is unable to apply for bail because the police have not given him his identity card. He said the Broadhurst police seized his identity card, but he has requested for it but the police have been telling him different stories.
“The investigating officer and Tau are giving different statements. I think he must be called here to tell the court exactly what he knows because Tau doesn’t know anything.”
In response magistrate Machiba said she could not summon the IO to court lest she allows her court turn into a mockery. However, the magistrate told state prosecutor assistant superintendent Seth Modibedi Tau to warn the IO against discussing matters before her court with the accused. “I don’t think that could make you fail to apply for bail at the High Court. But I want you to bring your IO to order. He should stop these conversations he is having with the accused. He is running a parallel court now,” said Machiba. The magistrate advised the prosecutor to enquire about the accused’s identity cards and find out if it is true they have been seized as evidence by a different court. He said the Broadhurst police will then have to write an affidavit to help the court make a determination on the matter. Meanwhile, prosecutor Tau applied that the accused’s remand warrant be extended because investigations are still ongoing. He said they are still waiting for the ballistic report. Tau said the accused were repeat offenders. He told the court that the second accused could not make it to court as he has another matter at the Broadhurst magistrate’s court in Gaborone. “The accused are all in custody and we apply that the remand warrant be extended. They were advised to apply for bail at the High Court,” said Tau.
When denying them bail, Machiba said she could not review her decision to refuse the accused bail but can be revised by the High Court. She said the court clerk will assist with the forms to be signed for bail application to the High Court if the accused do not know how to write.
According to court papers on May 16, 2016 at Lentsweletau, the accused allegedly robbed one lady P2312, 25 and a Nokia cellphone valued at P2,600. Four days later on May 20, they robbed George Mhiko and his wife in Hatsalatladi a 7.57mm rifle valued at P30,000, Samsung cellphones worth P700 and P300 each, two handbags valued P200 each and went away with cash amounting to P20,000. It is also alleged that the accused on May 23, 2016 broke into the house of Samuel Mmadintsi with intention to steal, but ran away without anything upon realising that the owner of the house has seen them. According to the police, the accused persons were armed when committing these offences.