Magistrate breathes fire on Police

Police.PIC.KENNEDY RAMOKONE
Police.PIC.KENNEDY RAMOKONE

Extension 2 Senior Magistrate, Kamogelo Mmesi, has issued a stern rebuke to the Botswana Police Service (BPS) accusing officers of abusing powers vested on them by detaining suspects without sufficient evidence.

In court this week, the Magistrate made the remarks after the accused person, Mohammad Esau, cried foul and highlighted ill-treatment by the police. Esau is facing robbery charges.

In court for a status update, the accused raised his frustrations with the police, crying foul that he is being harassed by the men in blue.

The accused stressed that just when he went to report himself at a police station per committed bail requirements clearly state, he was detained by the police for crimes he has no idea of.

"I have a lot to say. I have two weeks on bail, but I am wanted for issues that took place whilst I was in custody and I want to ask how can I be a suspect of things that were done whilst I was in custody?" asked Esau.

The accused stated that he wasn't only agitated by the mere fact that he is a suspect in these matters but further raised that he feels wronged as just as when he was complying with court orders he was detained.

"When I went to report myself at a police station on Monday I was put back into custody when I was with my woman only for the crimes that I don't know anything about," he told the court.

Fuming by the officers acts, Esau said he was living on constant edge as his life isn't safe anymore as the community isn't accommodating him.

"I'm even worried that this might extend to my child. Next time they could say my child is at fault," he bemoaned.

Seeing how distraught the accused was, Mmesi questioned Sub-inspector Batambuli Gakemoitse if what Esau was saying has an essence of truth to it.

"All of these assertions by the accused are unfounded. We still have to establish that," Gakemoitse said, who is also the prosecutor in the matter.

Mmesi wasn't convinced and expressed her frustrations with the police accusing them of harassment.

"Your CID {Criminal Investigation Department}officers are harassing him. I know you can arrest on suspicion, but arrest when you have evidence at least a little bit of it," lambasted the magistrate.

Mmesi incessantly didn't mince her words as she breathed fire on the officers in how they were dealing with the matter.

"Tell your CID officers to stop harassing him and I can see you are abusing the 48 hours of detention; I know you guys," she said.

Mmesi further highlighted that if a situation like this persists she will advise the accused person to sue as she can see the pain he is in as he relays his frustrations.

Inspector Gakemoitse maintained that the accused wasn't being harassed. "We aren't harassing him, no no no! We are still investigating," he said.

Nonetheless, the Magistrate extended the accused person's bail and warned the police against arresting him if there is no evidence to send him back on lock-up. The case continues.

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