Prison Escapee Sentenced To Seven Strokes
Lebogang Mosikare | Monday February 20, 2017 15:46
The case in which several escapees are facing charges of unlawful escape from custody had to adjourned to enable the police and prosecutors to go back to prison and bring Molosiwa.
Molosiwa has already been sentenced to 38 years in jail for three separate cases of armed robbery.
He was captured at Aerodrome location last month where Newton James allegedly gave him refuge.
The police have since slapped James with a count of harbouring a fugitive.
The court consequently revoked James’s bail.
James and Molosiwa allegedly committed another robbery case together which is still yet to go for trial. Said Magistrate Ishmael Molobe yesterday: “The approach of this court is that anyone who has been duly ordered to come to court should do so without any hesitation. If people (inmates) are ordered to come to court, they should not ask why the court wants them. If they have any queries about why they are wanted by the court, they should come and raise those concerns before the court in order for the court to address them”.
Molosiwa, Molobe said, did not come to court although he was privy to the fact that he was charged with a count of unlawfully escaping from lawful custody at a prison facility at the Francistown Centre for Illegal Immigrants.
“That matter was brought before the chief magistrate and you initially refused to come before him for reasons best known by you.
When you refuse to come before court, the court would order the police and prison officers to use reasonable force to bring you before it. It has been discovered that in most cases the police and prison officers don’t know what reasonable force amounts to.”
“They may end up harming you if they harboured ill-motives against you hence the importance of appearing before court whenever you are ordered to do so. This would prevent law enforcement agents to hide behind the concept of reasonable force to harm inmates unnecessarily… I have total control over anybody who appears before me including accused persons and prosecutors,” Molobe said.
“I hold you in contempt of court to show you that you should not mess up with this court. The law gives me the powers to be a magistrate and prosecutor at the same time. I don’t want to start this case on a wrong footing with you because I would be handling your case. You may think that I am biased against you,” a worried Molobe said.
Earlier on, Molosiwa told the court that he was initially absent from court because he was not served with documents showing that he was to appear in court, a response the court rejected.
“I am also not a prophet. How should I know that I should appear in court when I was not served with any documents showing that indeed the court wanted me? I am also applying for separation of trial because I may be prejudiced since most of my witnesses are Zimbabweans who are about to be released from jail. The prosecution is just wasting the court’s time.”
“The prosecution should instead call the investigating officer to tell the court how far he is with his investigations. I also fear for my life because I have discovered that the prosecution is plotting to kill me,” said Molosiwa, angrily pointing his hands at the prosecutor.
Before the case was adjourned to bring Molosiwa to court, prosecutor Kelebonye Matsapa told the court the police have so far managed to arrest Mlindeni Moyo, Mthokodzisi Sibanda, Sicelo Sibanda, Goodwin Mapunganyika, Rowland Moyo, Gaomodimo Molosiwa and Charlotte Ndlovu.
Said Matsapa: “Unfortunately Ndlovu died a few days back at the hospital.
We will be sending the matter to the Directorate of Public Prosecutions (DPP) to help us to extradite Givemore Ncube and Thabani Ncube who are currently in Zimbabwe. We pray for the accused should be remanded in custody to enable the police to lookout for nine other inmates who escaped from prison. This would also give the DPP chance to finalise extradition papers for Ncube and Chaloba.”
The jail breakers are facing serious charges ranging from murder to armed robbery and are due in court on March 2 for mention.