Murder accused, Bantshuti Nkgarapi (37) has accused the State of sabotage, which he claims enables it to further remand him in custody without being granted bail.
Nkgarapi stands accused of the brutal murder of his girlfriend, Magadi Mokganelwa aged 47 at the University of Botswana (UB) on June 16. He is alleged to have fatally stabbed her before her co-workers in broad daylight at the university premises.
Appearing before Extension II Magistrate's Court this week, defence attorney for Nkgarapi, Tiroyaone Sedimo emphasised that, Chief Magistrate, Kamogelo Mmesi had issued an order that the accused be taken for mental assessment but that has not materialised.
“The State does not intend to work well on time to take my client (Nkgarapi) for assessment as it is only after Friday we questioned when will he be taken for assessment and they ran at a speed to get a date,” bemoaned Sedimo.
Sedimo further berated that the delay by prosecutions puts their back against the wall in trying to get bail for the accused which has since been dismissed by the magistrate previously.
“The doctor made it clear that the assessment can not be taken hastily. It is a matter of a week or two so this disadvantages us as the state delays it,” he said.
The defence attorney indicated that the move by the State disadvantages them; as they are also defying a court order that was issued by the court.
“It is rather contemptuous of the court order that was issued by you (Magistrate Mmesi). This lack of compliance makes it difficult for the accused to qualify for bail,” Sedimo said.
Sedimo sought an intervention from the Magistrate to ensure that his client goes for an assessment so that they can move on to the next step of proceedings which is to ask for bail.
“The contempt of court by the State is deliberate to make sure that the accused remains remanded so we plead for court intervention against the malice practices,” he said.
Meanwhile, the State indicated that they have secured a date for the assessment of the accused this week, which is two weeks later following the court order delivered.
Magistrate Mmesi on the other end further remanded the accused in custody and assured Sedimo that his client will be taken for mental assessment this week. The case continues on September 3.
