Magistrate tells rape suspect to be patient
Pini Bothoko | Friday November 24, 2017 17:48
Tonoki said this after Future Moloi (30), faced with three counts of rape, pleaded with court to grant him bail. Moloi accused the prosecution of delaying the case in order for him to be further remanded in custody.
However, State prosecutor Oamogetswe Gaboutwelwe told court that on the previous court appearance, she indicated that prosecution would call the Investigating Officer (IO) on the case to oppose the accused person’s bail application.
“We are not in the position to proceed with the case because the IO is not present in court today. She yesterday applied for an emergency leave to attend to her personal matters.
I have learnt that her child is sick, hence attending to her health,” Gaboutwelwe said.
She requested the court to set another mention date in which the IO will appear before court to oppose the accused person’s bail.
Asked if he had anything to say regarding what prosecution had just told the court, Moloi said he wanted bail, pleading with the court to give him permission to go and apply for bail at the High Court.
“Prosecution is just delaying the case just to punish me not to be granted bail.
The IO told me that she would never grant me bail until I conclude the case. I plead with this court to be cautious because prosecution has hidden motives. The IO did not appear deliberately so that I can further be remanded in custody,” Moloi said.
He said in his previous court appearance, the prosecution told the court that they would take him to conduct certain tests and to date that has not been done.
“I do not even know what I was arrested for, and have never met the complainants on the matter,” Moloi said.
Magistrate Tonoki warned the accused person to exercise patience and allow the prosecution to conduct investigations at their own pace because he has been on the run, hence the need for them to be given extra time to conduct their investigations.
“You are faced with three counts of rape. Let me warn you that rape is a serious offence. Your arraignment was on November 13, but you are already complaining and pleading with the court to grant you bail.
This court is also aware that ever since you committed the offences, you have been on the run since April, but already you want this court to grant you bail.” Tonoki continued saying, “The police believe, and I also concede, that they should have reliable information in order to charge you with these offences.
They also believe that if you can be granted bail, there is a possibility of you absconding from court appearances and looking at the seriousness of the offences you are faced with it is possible for you to abscond”.
The magistrate told Moloi that the Attorney General has a mandate that all accused persons that has been charged with an offence should be brought to book. “Prosecution is only pleading for a few days in order to bring the IO before court but you are already impatient.
Looking at the seriousness of all of the offences you are faced with, you should know that you are likely to be given a minimum of 10 years in prison for each of the offences. I will however grant prosecution time to make sure that they bring the IO before court,” Tonoki said. Moloi who was residing at Ledumang in Gaborone and working as a conductor for a Mogoditshane route 10 combi, was recently arrested and charged with three counts of rape.
The first rape was allegedly committed on March 25, 2014, the second on March 12, 2017 and the third on April 16, 2017 still at Ledumang. Tonoki remanded Moloi in custody and ordered the prosecution to make sure that the IO appeared before court on November 27 to state why the accused should not be granted bail.