Gaborone High court Judge Omphemetse Motumise has rejected the state's non-opposition of bail without reasons in the late Mochudi East legislator Isaac Davids' murder.
Judge Motumise yesterday refused to consider giving one of Davids’ murder accused bail on the basis that the state needed to have deposed an affidavit stating reasons why they were not opposing bail.
“In cases like this there has been balance of exercise. The court can use its discretion to give bail but all factors must be considered reason being that the people has no idea that at times the court is left with no choice but to grant bail,” he said.
The judge in his rejection explained to both parties that bail was not granted only on the basis that prosecution was opposing.
Pointing out that there has to be reasonable explanation as to why the state took the decision not to oppose to avoid fueling public outcry on issues of bail.
He ordered the prosecution to file papers by tomorrow explaining why they were not opposing bail and allowed defence to respond by not later than Friday.
Among other papers Motumise asked the state to file may include post mortem and witness statements to be used as the court’s discretion in considering bail.
Motumise was responding to the defense’s earlier argument that it was obvious to grant bail since state was not opposing and the accused had a good standing on his bail conditions prior to his committal to the High Court.
Sesupo Masaka representing the accused, Ramotswa born 32-year-old Mokgalemi Maleya had earlier argued that his client was a good candidate for bail.
He submitted that Maleya ever since being given bail at the Molepolole magistrate Court he never absconded and that it was only revoked when the matter was taken to the High Court.
“My client is a good candidate for bail as he has never missed any mention or court date. It is only as per the law that his bail was revoked,” Masaka said.
Maleya who appeared alone in court is accused of murdering Davids together with 31-year-old Zimbabwean Jabulani Dube.
Dube who is also in custody did not appear for bail since his work permit was cancelled.
The two former farm workers are facing one count of murder as the state alleges that on January 14, 2018 at Serilatholo village near Letlhakeng the duo murdered their employer, 68-year-old Davids.
The matter will be heard again on Monday.