Drama as police defy magistrate
Lebogang Mosikare | Tuesday November 7, 2017 16:21
Pornet Tshuma, 32, of Magova village in Zimbabwe was arrested on August 2 at Tonota and slapped with a charge of trafficking in person after a five-year-old child was found in his custody.
According to the charge sheet, upon being interrogated by the police at the time of his arrest, Tshuma told the police that the child’s mother who resides in South Africa had sent him to bring the child to her.
Tshuma also told the police that he crossed the Botswana border at Maitengwe village using an ungazetted point of entry.
On Friday, the prosecution was supposed to appraise the court why it levelled a charge of human trafficking against Tshuma since he has told them that the child’s Zimbabwean mother had sent him to bring the child to her.
Previously, the magistrate had wanted the prosecution to furnish her with concrete reasons why they charged the accused with human trafficking since he was steadfast that the child’s mother had sent her to fetch the child.
The prosecution reached an agreement with the court that it will avail the investigating officer to explain why they decided to charge Tshuma with human trafficking. However, the substantive prosecutor and the investigating officer failed to attend Friday’s proceedings and the court granted Tshuma bail.
“Since there is no appearance from the prosecution and no reason proffered for the prosecution’s absence even though they were aware of today’s date, I grant the accused bail on condition that he appears in court whenever he is required to do so.
The accused shall also not commit any criminal activity whilst on bail. I wish him a happy Christmas and prosperous New Year.
He shall come to court next year on January 25.” Efforts by DPP’s Mothusi Dintwa to sway the no-nonsense magistrate to reverse her earlier decision hit a snag, as the magistrate stuck by her guns.
The prosecution and police are of the view that Tshuma is a flight risk because he entered Botswana illegally, has no place of abode and any business interests that can keep him in Botswana.
The case took an interesting twist when the police arrested Tshuma outside court moments after the court gave him reprieve.
The police arrested Tshuma basing their reasons on the fact they cannot leave him to travel freely in Botswana while he does not have documents or a passport authorising him to do so.
Tshuma was then taken to the Francistown Centre for Illegal Immigrants (FCII).