Teacher, 64, in court for indecent assault
Tsogo Ramatsabana | Monday January 14, 2019 13:38
The State alleges that Manuel Mathews Greenland indecently assaulted the three female JMS students aged 11, 12 and 13 at the school on September 27 last year.
Greenland’s attorney, Wada Nfila told the court that he was not happy with the way the prosecution was and is handling the matter.
He said the substantive prosecutor in the case Neo Machola should comply with Order 51 (rule 2) of the Magistrate Court Act.
“If I am not mistaken, this is the fourth time that the accused is appearing before court, but he is yet to be arraigned,” said Nfila.
“The position of the prosecution was that since the accused was on bail, he is not suffering any prejudice. We humbly submit that that position is flawed. The accused should have a fair trial.”
In terms of a fair trial, Nfila said, the accused should not be overburdened by having to pay legal fees every time he appears in court with his attorney.
“With due respect, it appears that prosecution conducts this case with attrition to reduce the finances of the accused. We call upon the prosecution to do the honourable thing by withdrawing charges against the accused without prejudice to the State so that the prosecution could put its house in order,” he said.
“We are merely asking for the withdrawal of the charges and not an acquittal,” added Nfila, who also implored the court to withdraw charges against the accused if the prosecution is not willing to do so.
Mothusi Dintwa, who was holding brief for Machola told the court that he was not privy to the facts of the charges.
“Machola is in Gaborone attending a case at the Court of Appeal. I think the right thing to do is to call Machola and ask her why pleas in the matters have been reserved. The court may also summon Machola to explain why the pleas were reserved,” said Dintwa.
Magistrate Kapeko adjourned the matter to January for status hearing. He also issued a warrant of arrest for Machola if she does not appear in court on January 17.