Village Senior Magistrate Tshepo Thedi has granted bail to ABSA call centre manager Tebogo Nthibo, 32, who is accused of swindling a customer out of P702,036.07 alongside his co-accused Leatile Motshabi, 35. The two are granted bail at P10,000 each.
Nthibo and Motshabi are facing a single count of fraud for defrauding a customer, whilst one accused (Othusitse Aone) is on the run.
Appearing before the court today, the State made an application that the two accused persons should be remanded in custody.
The prosecutor said Kabelo Maropi said it is paramount that the two be remanded in custody as the investigations are ongoing and fears that they might interfere with them.
“We are still in talks with the bank, as it seems that the accused persons had more involvement in other accounts. Their gadgets were seized and sent to the forensics team, so we are still awaiting results so they may be remanded in custody,” applied Maropi.
The prosecution tried to argue their grounds for the remand of the two accused by bringing in the Investigating Officer (IO), Detective Assistant Superintendent Mokganedinisi, to give testimony.
Taking the stand, IO advanced the same reasons as the prosecutor.
“Some of the issues the prosecutor has mentioned are the very same ones that are pending. Also accused three are on the run and we cannot locate her, but we are still in pursuit of her as she played a critical role in defrauding the victim,” he said.
The IO further said granting the two accused bail might dent his investigations as he is unsure if the Nthibo will resume duty or not.
“The first accused was working as an agent to the bank, and I fear that he might go back to his daily duties, and he might affect my investigations, so in essence, the case is under investigation,” the IO said.
The defence was quick to object to the application made by the State to further remand the accused persons.
Defence attorney Unangoni Tema said the State has had ample time to wrap up its investigations, and his client cannot be further remanded in custody.
“We are speaking of a case that was committed in August and came to you on September 26. What were you doing all this time?” asked Tema.
Furthermore, Tema argued that the accused cannot be remanded on the basis that their gadgets are with forensics and the state is awaiting results, as there is no way they could interfere with the results.
In response, the IO agreed to that, stating that indeed the accused persons have no access to forensics.
After hearing from both sides, Magistrate Thedi delivered a ruling granting bail to the two accused.
The magistrate stated that the prosecution failed to prove beyond a reasonable doubt that the accused might interfere with the investigation.
“The bail is refused if the state shows there will be interference or they will abscond, but the State has not shown that no affidavit was filed to speak to that,” Thedi said.
Thedi further lamented that the two accused cannot be remanded in custody just because the third accused is on the run, as there is no reason that they will obstruct her arrest.
Regarding gadgets, she corroborated the defence’s argument that they are already in the police’s possession, and they do not have access to them.
With that said, Magistrate Thedi granted all the accused bail with stringent conditions.
“The two accused shall be granted bail on stringent conditions. They are ordered to pay P10,000 each, provide two sureties that will bind themselves with P5,000, report once a week at the nearest police station, do not interfere with the complainant, must not participate in any online activities that deal with their charge and appear in court when required to do so,” she ordered.
The case continues on February 5.
