With the state not opposing bail for murder accused, Daniel Sitwane (34), Magistrate Kamogelo Mmesi quashed hopes for Sitwane of being granted bail indicating that it is too early.
Sitwane is accused of fatally stabbing Donald Melato, 32, with a sharp object during Dikhwaere competitions over the Boxing Day holiday at Goo-Ragaobotse ward in Ramotswa. Melato was pronounced dead upon arrival at the hospital. Appearing before Extension II Magistrate's Court this week, Sitwane had hoped that he would be granted bail with the State prosecutor backing him up. “In the last sitting the accused had applied for bail and we were to avail Investigation Officer (IO) today but he is not in so we cannot say he cannot be given bail,” state prosecutions Simon Galebonwe said. Despite the prosecution not standing in the way of Sitwane to be granted bail, Galebonwe noted that investigations in the matter are not yet complete. “The investigations are still on going therefore we are still awaiting a post mortem report, forensic affidavit and the photo album,” Galebonwe said.
Showing displeasure of the submissions made by prosecutor, Magistrate Mmesi stated that she is failing to understand why the state is okay with Sitwane being granted bail. “This is murder case was only committed in December, why so soon Galebonwe?” asked Magistrate Mmesi. The Magistrate further accused the prosecution of being inconsiderate of the life lost and his family members that are still in grief over the loss of a loved one. “It’s as if you are not considering the death of the deceased (Melato). We need to take into account the public interest and the family when we grant the accused bail. What if they are still upset,” Mmesi said.
Standing on her position, Magistrate Mmesi stated that she would only consider granting Sitwane bail when months have passed since the ordeal not a few weeks. “I will consider your bail after three to four months and with murder I am very serious about it. I don’t give out bail when the matter is new; I consider it after months,” she boldly said. Trying to sway Magistrate Mmesi’s decision, Sitwane’s attempts were futile. “I am one person who is struggling, depending on hustles for my family and now I can’t assist them while I am in here,” Sitwane pleaded.
Unfazed by Sitwane’s pleas, Magistrate Mmesi maintained her position and ordered that the accused further be remanded. “The case is adjourned to February 27 and the accused will be further remanded in custody until then for the status update,” she ordered. The case continues.
Showing displeasure of the submissions made by prosecutor, Magistrate Mmesi stated that she is failing to understand why the state is okay with Sitwane being granted bail. “This is murder case was only committed in December, why so soon Galebonwe?” asked Magistrate Mmesi. The Magistrate further accused the prosecution of being inconsiderate of the life lost and his family members that are still in grief over the loss of a loved one. “It’s as if you are not considering the death of the deceased (Melato). We need to take into account the public interest and the family when we grant the accused bail. What if they are still upset,” Mmesi said.
Standing on her position, Magistrate Mmesi stated that she would only consider granting Sitwane bail when months have passed since the ordeal not a few weeks. “I will consider your bail after three to four months and with murder I am very serious about it. I don’t give out bail when the matter is new; I consider it after months,” she boldly said. Trying to sway Magistrate Mmesi’s decision, Sitwane’s attempts were futile. “I am one person who is struggling, depending on hustles for my family and now I can’t assist them while I am in here,” Sitwane pleaded.
Unfazed by Sitwane’s pleas, Magistrate Mmesi maintained her position and ordered that the accused further be remanded. “The case is adjourned to February 27 and the accused will be further remanded in custody until then for the status update,” she ordered. The case continues.
