Stop floggings or else... - DPP

TSHIRELETSO MOTLOGELWA
Staff Writer | Tuesday June 8, 2010 00:00

 

DPP's Kgositsile Ngakaagae said in court yesterday that the application is meant to protect the population of Mochudi against continued floggings. He was addressing the court in the case in which Bakgatla royals, among them paramount chief Kgafela Kgafela and Mmusi Kgafela are accused of unlawful floggings.

Ngakaagae said they have taken the decision to file the urgent application after their discussions with the defence led by advocate Sidney Pilane to get the two parties to agree to the halt of the floggings as a condition in the bail application failed. Magistrate Lot Moroka granted the accused bail after the DPP did not oppose the bail application.

At the beginning of the session Samantha Mbikiwa of the DPP said that given that the two parties could not agree on the matter, they had no option but to lodge the application. 'We want court to impose a moratorium on floggings pending the trial. We have decided that it would be in the best interests of the population of Mochudi to launch an application demanding the incarceration of the accused, pending trial. This application will be urgent and we intend lodging it before the end of the week. We believe that a moratorium on floggings is a very urgent matter, that is why we are going that route,' said Mbikiwa.

In the bail application, Pilane argued that his clients were not flight risks and could be trusted to honour any court session. He urged the DPP to remain focused on the bail application rather than threaten his clients with an application that is yet to be lodged.

He maintained that the issue the court should concentrate on is the bail application. He argued that for the purposes of the session, the state was not opposing bail thus his clients should be set free to await the case.

He said to impose a moratorium on flogging would impinge on the principle of presupposition of innocence. 'To impose no future flogging would presuppose that there had been flogging,' he said adding that the court is yet to make that finding. 'The state has not placed any evidence that if released Kgafela (and others) will commit any criminal offence. There can be no option of imposing a condition of supposing an event whose occurrence has not been foreshadowed nor conceived on any evidential position,' said Pilane.

Ngakaagae however said that the DPP was not lodging the application but was merely warning the defence as to what the DPP intends to do in the near future. He said while they know that Kgafela and the other accused would attend the session without fail, the DPP had a role to protect the population of Mochudi. 'We will ask the accused persons to be remanded in custody. We cannot have a situation where you are trying issues relating to unlawful floggings by particular individuals, while you turn a blind eye to similar occurrences,' said Ngakaagae. Kgafela, his brother Mmusi and other suspects were granted bail.

Meanwhile Moroka said he would pass the case to Village Chief Magistrate Barnabas Nyamadzabo. Moroka has been appointed a judge of the High Court.

Kgafela, Mmusi and Linchwe are accused alongside Bogopa Lenchwe (36), Christopher Oni Tshige (39), Mmolotsi Ntswetswe (34), Baboloki Richard Pilane (32), Bathusi Ralefala (33), James Mollowakgotla (42), Kabelo Lentswe (26), Modisagae Matshome (30), Kabelo Mooketsi (32), Kgamanyane Radikolo (41), Nthithane Segwati (51) and Thipe Segwati (51). They are all represented by Pilane, assisted by Sadique Kebonang, while the state is represented by Ngakaagae and Mbikiwa.