Magistrate Grants Fugitive Criminal Bail

Goitsemodimo Kaelo | Monday September 26, 2016 15:55

 

Gaonyadiwe Mmatli, who is considered a fugitive has been in police custody since August 29, 2016 following his arrest in Botswana. He is a wanted criminal in connection with housebreaking, theft and damage to property, crimes he allegedly committed in Swaziland.

When granting him bail, magistrate Gabanagae said that although the state prosecution argued that the accused is not a candidate because he has 12 other pending cases, he is convinced that the accused is not a flight risk. He agreed with the prosecution on the arguments that the defence counsel could not use the SADC protocol on extradition, since it has not been domesticated in Botswana.

“SADC protocol on extradition doesn’t apply in Botswana unless domesticated by Parliament,” he said.

However, he granted him conditional bail. He said the accused should report at the Interpol offices from Monday to Friday between 7:30am and 4pm and on the same times on Saturdays and Sundays. The accused was ordered to provide two sureties who would bind themselves with P5,000 each. He was also ordered not to leave the jurisdiction of Gaborone without the authority of the officer commanding of the Interpol.

State prosecutor Thato Dibeela said that Swaziland prosecutors have prepared extradition documents for the accused.

“They are processed by diplomatic reps, but have not been received by our people this side,” she said.

The accused will appear for mention on October 26, 2016 when the court will also get an update on the extradition application.