AFM delighted as Pastor Mogomotsi gets bail
Goitsemodimo Kaelo | Wednesday May 3, 2017 16:21
Reverend Mogomotsi together with Thapelo Tlhase (24), and Mokganedi Porogwane (41) have been charged with the murder of his wife, Dianah Ompelege Mogomotsi, who died in January following a brutal attack by alleged thieves at their home in Mochudi. The other accused persons did not apply for bail.
It is alleged that Mogomotsi plotted the murder of his wife and hired his co-accused to kill her in return for money. However, hardly three months after the death of his wife, he was hospitalised with serious head injuries after he was allegedly held up and beaten to a pulp for 12 hours by his co-accused and two others who were not before Court.
Mogomotsi had applied for bail pending trial at the High Court after the Mochudi Magistrate Court turned down his application.
When motivating for bail on behalf of his client, attorney Karabo Masuku said the pastor has a constitutional right to freedom unless he has been convicted. He said, as it stands, the accused is just a suspect. He said the State will not suffer any prejudice by granting the accused bail.
“On a balancing exercise, bail should be granted. He is a citizen and not a flight risk. The suspicion that the Court relied on to say that his safety is an issue does not hold any water,” said Masuku.
In response, prosecutor Milikani Tibone of the Directorate of Public Prosecution (DPP) told the Court that after deliberations with the investigating officer, they found no reason to deny the accused bail.
“The bail is unopposed. He is not a flight risk but the Court should grant bail subject to conditions,” said Tibone.
When making a judgement on the matter Justice Kebonang said the suspect has a constitutional right to freedom and should be presumed innocent until proven guilty. He committed the accused to bail on conditions that he enters into his own cognisance, not to interfere with state witnesses and investigations, not to commit similar offence while on bail and surrender his travel documents to the state.
“Should he seek to travel, he should submit a request to the Mochudi police station commander,” said Kebonang.
Meanwhile, Kebonang expressed concern at the way the media has reported about the case. He warned journalists to exercise caution and report diligently about matters before the Court.
“Allow the Courts to do their job. I have read how you report on this case and some of it is not good. Remember, papers can build or destroy the society. Don’t paint the accused in the negative. He is presumed innocent until proven guilty. If suspects were trialled by the public, it would turn the state into a banana republic. Let’s not undermine the institutions of Government charged with investigations,” he said.
The suspects will return to Court on May 11, 2017 for mention before the Mochudi magistrate, Keabetswe Mojuta.