The defence in a murder case involving Bantshuti Nkgarapi (37) who is alleged to have brutally killed his then girlfriend Magadi Mokganelwa (47) has accused the State of side-lining them to gain advantage against them in the case.
Nkgarapi is alleged to have ended the life of Mokganelwa by fatally stabbing her on June 16 at the University of Botswana. This was shortly after the accused was granted bail by the Extension II Magistrate Court despite a restraining order issued against him by Mochudi Magistrate Court.
Appearing before Extension II Magistrate Court for committal to the High Court, defence attorney Tiroyaone Sedimo cried foul that the state had not served them with all relevant documents, despite their pronouncement that they did.
“We have not received all statements and a photo album from prosecutions and if it does exist may we be served with them because we need to be sure with everything,” Sedimo said.
The state prosecutor, Pascale Mohandu, however indicated that the prosecution had served the defence with everything and are ready to commit the matter to the High Court for trial.
However, Sedimo came with guns blazing accusing the State of lying to the court, stating that the matter is ready for committal when the defence had not been furnished with all the required documents needed for trial.
“If you say investigations are complete and ripe for trial, but you leave crucial material out citing resources and further say that you will serve us at the High Court as indictment is not right at all. You are denying the accused adequate legal representation,” he said.
Sedimo questioned whether the matter is indeed ready for committal as they have been sidelined by the State.
“I am caught in between because I want this matter to go to the High Court, but we are missing a photo album. We are not ready for committal as we don't have all the documents and the state is not ready, I have been lenient with them,” Sedimo seethed.
Weighing in the options, Chief Magistrate Kamogelo Mmesi swayed Sedimo to agree to commit the matter to the High Court so that he can proceed with bail application for his client.
“The accused can apply for bail at the High Court, so if we do not commit it, he is going to stay in prison for too long. So after hearing both sides, the case has been committed to the High Court and he will be further remanded in custody,” she ordered.
