FRANCISTOWN: The High Court today (Wednesday) denied a 20-year-old man from Serowe charged with killing another man in a drunken stupor.
Denying Ookeditse Toitoi bail, Justice Bengbame Sechele said the accused stated that he is a citizen of Botswana from Serowe and has family members who were ready to be his sureties.
However, Justice Sechele said the state opposed Toitoi’s application for bail pending trial because he was once granted bail but absconded from appearing in court as scheduled.
“The Investigating Officer (IO) has filed an affidavit giving reasons why the state is opposes the applicant to be granted bail. The IO stated that the accused was charged with the murder of Oageng Mosiiwa near Lecheng village that he allegedly committed on April 29 in 2018,” said Justice Sechele and added:
“The IO further stated that the accused was admitted to bail on May 28, 2018 but he failed to honour scheduled court appearances and continued to commit other offences whilst on bail.” Sechele explained that Toitoi was only arrested in December 2018. His bail was subsequently revoked.
The court noted that according to the IO, the applicant escaped from lawful custody while being escorted to prison and thereafter resisted arrest.
“I am mindful of the fact that the accused should be presumed innocent until proven otherwise at the end of his trial. When the lower court exercised its discretion of granting him bail, his liberty was restored on condition that he was innocent until proven otherwise.
He however, betrayed the trust of the court. His actions have pitted the Administration of Justice and member of the public on the other hand who want the accused persons to be remanded in custody if they continue to commit more crimes after they have been granted bail,” Sechele added.
Furthermore, he said: “The conduct of the accused has demeaned the rule of law and turned it into a mockery. He adultered the procedure for bail.
The public is angered by the actions of people like the accused and therefore the courts cannot disregard the concerns of members of the public. The applicant is not a suitable candidate for bail. His application is therefore dismissed.”