Bakwena royals' lawyer unhappy with 'delaying' tactics

GREG KELEBONYE
Staff Writer | Tuesday June 15, 2010 00:00

Onalethata Kambai said this yesterday during the men's mention at the Molepolole Magistrate's Court. The men, royals Kabo Sebele, his uncle Kgosimotse Sebele and tribesman, Motlhabatsatsi Nkonyane have been charged with a single count of threatening the life of judicial officer Dumisane Terrence Basupi, following his conviction of a senior member of the Sebele family, former Customary Court president Kgosikwena Sebele .

In his submission, Kambai took issue with the fact that the state appeared not sure of what it really wanted to do and had in the process prejudiced his clients' right to a fair trial by delaying the progression of the case. Kambai reminded the court that the magistrate had in the last mention instructed that the state provide a savingram from the DPP explaining what the state of the case was. He said the state was in contempt and should be liable as it had failed to do so and had given no reasonable excuse.

He said that the prosecution of people must always be balanced with the rights of the people to a fair trial, something that he said was not happening with his clients. He said this in light of the fact that the state had failed to live up to its promises. Kambai said that in light of the Wassim Ahmed case, the accused is entitled progress.

This he said was not happening with his clients as shown by the state's failure to provide the defence with statements. In answer to his complaint about the state's failure to provide statements the prosecution said that they were waiting for the DPP to determine if the matter should go for trial or not. Kambai took even greater exception to this adding that the police did not have to wait for the DPP.

Kambai also asked for variation of bail conditions for the Sebele kinsmen as the circumstances that necessitate the conditions had drastically changed. The duo, he said had been instructed not to come within two kilometres of the complainant. 'We are reliably informed that the complainant is now working and residing in Gaborone. The second and third accused persons want to be free to visit within that radius as their relatives and businesses are within the area,' he said.

However the state opposed the application as it said the complainant was still resident within the magistrate's court premises, and that the accused could always ask for permission to visit within the area.

Magistrate Sibongile Setlhabi would not make any ruling as she said she wanted to inform herself on the issues that Kambai raised. She adjourned the matter to June 21, 2010.