State Argues Against Bail For Car-Dealer

ISAIAH MOREWAGAE
Staff Writer | Monday May 10, 2010 00:00

Mutangi, 30, is the man at the heart of a P367 953 car scam involving 11 victims. He was brought before Magistrate Haiwu Nuru last Thursday to answer to 12 counts of obtaining by false pretences. Mutangi is the Director of Gwenhamo Holdings based in Mogoditshane, and deals in imported second hand cars. Mutangi is currently in police custody pending Magistrate Nuru's decision on bail.

Officer in Charge of the Criminal Investigation Department (CID) Mogoditshane Police Station Assistant Superintendent Sayed Marapo, told the court that Mutangi should not be given bail because has been on the run since he discovered that the police were looking for him.

Marapo said he dealt with Mutangi in another criminal matter where he was granted bail, but proved unreliable when he failed to show up at the police station when requested to do so. Police even failed to locate him at the address he had given. He also failed to produce any documents that could prove his Zimbabwe address was genuine.

Broadhurst Magistrate Court had postponed the case to today as the state had asked for more time to study and look into the defence submission when applying for bail awaiting trial. The state had applied that Mutangi be remanded in custody as he has another case pending before court.

 Tebogo Masala of Directorate of Public Prosecution (DPP) told the court that Mutangi was granted bail at which one of the conditions was never to be a suspect in another matter. He added that Mutangi is a non-citizen who is facing multiple counts, which are deemed serious, and if granted bail, there is a likelihood of absconding from court proceedings.

Masala also told the court that investigations are ongoing adding that they foresee more charges being added to the current ones.However, Defence attorney, Kiven Mvududu told the court that a person is presumed innocent until proven guilty. Mvududu told the court that as such his client should be granted bail. He further told the court that his client has strong commercial and family ties in Botswana and would not be a flight risk if granted bail. He implored court to consider conditional bail if the court finds it fit to do so. 

He further told the court that his client has no control on who may lay charges against him as such Mvududu pleaded with the court not to place too much weight on this fact. 'Charges have been brought prematurely by the complainants. They expected their vehicles to be delivered at their door earlier than the six months period they had been promised,' Mvududu charged.

Mutangi is alleged to have swindled about 11 people of P367 953 on different occasions in Gaborone spanning the period August 2009 to April this year, claiming that he was buying them cars in Durban, South Africa as well as overseas.

The court heard that Mutangi defrauded Gofaone Mbikiwa of about P30 300 that was supposed to purchase a Toyota Fortuner vehicle. On the second count, he is alleged to have defrauded the same Mbikiwa of the sum of P20 200 on September 2009, money purported to be used for clearing the said Toyota Fortuner.

He is alleged to have defrauded Tebogo Seatla of US$2000 on September 24th 2009, Mosiame Lebang P16 000 on November 12th 2009, Mpho Selei P60 000 on November 18th 2009, and Kealeboga Selebatso P35 600 on December 25 2009. Tshepho Gobonyane lost P27 000 to him, on March 12th 2010, he allegedly defrauded Botshelo Motswagole of P24 000, Obokile Keoletile became the next victim as he lost P33 600 to Mutangi on March 18th 2009, Pheko Pheko was next in line, losing P38 353 on December 17th 2009 and March the 3rd 2010, Mutangi also allegedly defrauded Justice Kadubane of P34 000. The last victim according to the charge sheet was Bakane Nkonyezi whom was allegedly defrauded of P34 000. Mutangi has pleaded not guilty to these charges.

Magistrate Nuru will make her ruling on Tuesday. State prosecutor Masala appeared for the state together with Inspector Christopher Tlhapi-David of Botswana Police Service.