Mmathethe brother killer denied bail

Tumelo Mouwane | Wednesday July 5, 2017 17:02

 

Delivering bail ruling yesterday, Lobatse Chief Magistrate, Mareledi Dipate said a “social worker’s evaluation” has indicated that the family of the accused person are afraid their lives will be in danger if Mogatusi is admitted to bail.

“This court has received the social worker’s report and I have gone through it. The social worker has recommended that the accused remain in custody since his family members are afraid that their lives will be at risk if he is released on bail.

“Furthermore the accused person is likely to abscond from taking medication consistently if he is released on bail and his mental health situation may relapse. The report suggests that an expert evaluation is still being undertaken on the accused person’s health and further recommendations will be released, hence the bail application is dismissed,” Dipate said.

Contrarily, the accused person said his family visited him in prison and told him they needed him back home, adding that his life was in danger in prison.

“I am surprised that this court has denied me bail on grounds that my family is afraid of me coming at home. I am also surprised that the report that I haven’t even received states that the same family members who want me home are the same people who say they are afraid of me”.

The case will mention on July 19.

In another matter, Dipate ordered prison officials to use force on an accused person who has on several occasions refused to appear before court.

Tshepo Gabashe, a 34-year-old male of Mokgomane who is on trial for the murder of his father on accusations of witchcraft has previously told magistrate Dipate that he will never appear before the Lobatse Magistrates Courts because he is not being given a fair trial.

In his last appearance, Gabashe accused prison officials and the police of torture and said he sustained injuries, and he was made to sleep on a ‘cold floor room’ despite his medical situation.

Dipate said the accused person should be forcefully brought to court.

 “The accused has on several occasion missed court sessions, but he is remanded in custody. I make an order that he be forcefully brought to court, “he said.

The accused is alleged to have in Mokgomane village stabbed his father Olefile Gabashe and hit him with a tyre lever leading to his death on August 27, 2016.

A psychiatric report has previously ruled that Gabashe was fit to stand trial.

The case is scheduled for a mention of July 19.