HIV status saves jailbird

Living with HIV saved a habitual criminal, Mendi Tsheko from a jail sentence last Friday when the Taung Customary Court convicted him of theft.

Tsheko, embarrassed by his shady past, pleaded with the court not to read out his previous criminal record. 
He said he was aware of all the offences that he had committed. The presiding officer told him that that it was standard procedure to inform the court about previous convictions before sentence is passed.
In his latest brush with the law, Tsheko was charged with stealing a cellphone, P200 in cash, earrings and hair braids from a woman in May. 
He met the woman in the street at Extension 27 in Gaborone near the BBS mall.
The prosecution argued that Tsheko later sold the stolen items at Bontleng. The complainant said he was able to identify him.
After he was found guilty, Tsheko pleaded before the presiding officer, Edwin Bothate that he was an AIDs patient and he was on ARV treatment.
The presiding officer wondered whether the accused wanted to spend his entire life as a criminal since he had 15 previous convictions.
"Do you believe you are bewitched?" the court president asked the accused.  Tsheko said he was cursed.
Bothate said although Tsheko's mitigation was convincing but he should be blamed for the criminal life that he was leading.
The court president sentenced him to 18 months suspended for two years during which he should not commit a similar offence.
He was also ordered to pay the complainant P825 as compensation for the cellphone.  If he failed to pay he would do extra mural service for six months.
Tsheko became a regular police customer since 1988 when he was convicted for common nuisance. 
His previous offences include use of insulting language, affray, house breaking, theft, assault occasioning bodily harm and obtaining by false pretences. 
He was jailed for house breaking and theft.
Last year he was convicted for theft but he was spared corporal punishment due to ill health. 
The court had sentenced him to four strokes which he was spared on account of poor health.
Before passing sentence, the Court President reprimanded the police officers for coming late to court.
After the lunch break, the police officers who escorted the suspects turned up late.
Bothate said the police were in the habit of late coming and it appeared that they were undermining the customary court. 
"You are always doing this.  This should be the last time that you come to court late," he charged.
He said this was gross indiscipline, adding that next time he would charge them with contempt of court.  He warned that he would lock them up in jail. 
The court president said he did not want to be declared a "deadwood" due to the police officers' laxity.

Editor's Comment
Has life become worthless?

As many wondered what wrong the young boy could have done to end up killed, it emerged that his own cousin was a suspect in the murder after he claimed P50,000 from Botswana Life. Thato Tsametse, who was last week sentenced to death for the murder of his cousin, had reportedly taken out two Mmoloki Funeral Covers valued at P25,000 each.Over the years, the media has been covering the murder case, and some revelation has come up that certain...

Have a Story? Send Us a tip
arrow up