Police ordered to drag prisoner to court
Lebogang Baingapi | Tuesday January 31, 2017 16:36
Boikobo Tumisang, who is currently serving a prison term for a different matter, failed to appear before the Jwaneng Magistrate Basetsana Keakantse for continuation of his robbery case on Monday.
The prosecutor, inspector Lorato Chabaetsile submitted that the accused had been applying delaying tactics in the case. Tumisang and two co-accused who are on bail, Mothusi Ghannie and Arnold Rapholo, are facing a charge of robbery dating back from February 2015. Ghannie expressed disappointment at the way the prosecution and the prison officials were handling the matter by allowing Tumisang to abscond trial at their expense. He said he felt hard done by Tumisang’s absence which he said was delaying their trial.
“In the previous mention he was absent and it was reported that he was transferred to Gantsi Prison. The following mention he did not appear again and we were informed that he was transferred to the Central Prison in Gaborone. Today the matter is delayed again because he refused to come to court. That is not a valid reason and the court should note that,” said Ghannie. His co-accused, Rapholo, shared the same sentiments saying the court should bear in mind the expenses they are incurring by appearing in court every month.
The magistrate also expressed disappointment with the situation, saying the State was handling Tumisang with kid’s gloves. She said the prison officials were given the powers by the Prisons Act to administer reasonable force to remove the accused from prison to appear before court. “The court does not buy the story that he refused to come because he is accordingly forced to oblige to warders’ instructions as he is under custody. I will however order that the prisons warders apply reasonable force on him on February 23 if he resists to board the prison vehicle,” ordered Keakantse.
The three accused are expected to defend themselves in a robbery case in which it is alleged that they acted together to assault Jack Moilwa with fists, kicks and an axe before making off with a generator and water pipes at Lefhoko lands on February 19, 2015.
Moilwa attempted to withdraw the case under pressure from the accused’s relatives who are pushing for out of court reconciliation as the accused and the victim are said to be related.