Kgosi urges gvt to review bail conditions

Nnasaretha Kgamanyane | Thursday February 1, 2018 16:44

 

Kopelo  said that this is to avoid situations where a crime suspect who gets released on bail, ends up committing another crime while on bail.

Speaking at Ntlo Ya Dikgosi today, Kopelo expressed great concern over accused persons who are granted bail only to commit the same crimes again while on bail. 

He gave an example of murder-accused persons that were arrested for murder being granted bail only to commit the same offences again.

Assistant minister of Education and Skills Development, Moiseraele Goya said the Botswana law according to section 10 (2) of the constitution states that every person charged with a criminal offence shall be presumed innocent until proven guilty or pleads guilty.

He said owing to the presumption of innocence until proven guilty beyond reasonable doubt, an accused person could be released on bail according to the court’s discretion.

“In granting bail, the court considers the interest of the public, being that those alleged to have committed the offences must stand trial and be punished accordingly, as well as the accused person’s right to be presumed innocent until proven guilty,” he said.

Section 5 (1) (e) of the constitution states that: “No person shall be deprived of his or her personal liberty save as may be authorized by law in any of the following that is to say - (e) upon reasonable suspicion of his or her having committed or being about to commit criminal offence under the law in force in Botswana.”

Goya explained that for an accused person to be denied bail, the prosecution should have provided reasons, by way of evidence showing that granting the accused person bail would, for instance, interfere with witnesses or evidence, endanger the safety of victims or even the community.

He further pointed out that it was only the court of law that was empowered to grant or deny an accused person bail.

“There are often conditions for the bail, which if not followed, an accused person’s bail can be revoked (cancelled),” he said.