FRANCISTOWN: A Maun manís application to be granted bail hit a snag before the High Court here yesterday. He is charged with rape, robbery and stealing from a person.
The accused, Modise Rebinatshipi, was first denied bail by a Maun Magistrate on account of being a flight risk but he did not despair as he proceeded to try his luck before Justice Phadi Solomon.
Rebinatshipi, who is yet to be sentenced for all his alleged transgressionsin 2015 and 2016, told the Court that he will abide by all the bail conditions that the Court will set.
Rebinatshipi pleaded with the Court to disregard the State’s unfounded submission that he is a flight risk because he has never missed Court sessions before his bail was revoked.
In response to the submissions made by Rebinatshipi, the state prosecutor Ofentse Uyapo implored the Court to dismiss the appellant’s application because it has no basis.
Uyapo said the investigating officer (IO) who is handling Rebinatshipi’s cases has deposed a sworn affidavit explicitly explaining why he should not be granted bail.
In his affidavit, Uyapo said the IO clearly stated that he had nothing personal against Rebinatshipi since he (the IO) first met him (Rebinatshipi) while performing his professional duties after the latter had been charged with his current offences.
Uyapo therefore said it boggles the mind why
Uyapo added that there is concrete evidence why Rebinatshipi should be denied bail because he is a possible flight risk since he does not have a permanent place of abode in Maun, although it is not in dispute that he is a citizen of Botswana.
Giving the accused bail, Uyapo said, will make it difficult for the police to arrest him and it has the potential to defeat the ends of justice since he may escape forever.
He said the society expects people alleged to have committed crimes to face their allegations in Court adding that if the accused escapes, the public may lose confidence in the entire legal system.
At the end of the mention, Solomon denied Rebinatshipi bail saying that she does not see why he said the IO who only met him during the course of his professional duties may have an agenda against him.
The Judge also said Rebinatshipi is a flight risk since he does not have a known permanent place of residence, which may complicate the duty of the police if he escapes.