The revelation was made by state counsel Reneetswe Rabosotho to Justice Thomas Masuku in the case of Smart Khani who wants to be discharged from custody because he has spent a long time without being tried for the alleged murder. He is accused of murdering Zimbabwean Stellah Ziteya on October 7, 2004 near Tati River in Francistown.
"Even the Magistrate's Court does not have his papers. The Registrar also does not have his papers for committal," submitted Rabosotho in despair. This prompted Masuku to say the state cannot allow a situation where a person's rights are trampled. The judge said it is almost four years since Khani was put in custody. Earlier, the accused had told the court that he was stopped from appearing for mention at the Magistrate's Court in July 2005. "I was told that the High Court would invite me for trial within 31 days. I stayed for those 31 days and even today I have not been called for trial," submitted Khani. He disclosed that he had never applied for bail pending trial. The judge told him that he could see that he had moved his application in terms of Section 133 of the Criminal Procedures and Evidence Act based on Justice Moses Chinhengo's judgment. "It always makes sense first for a person to apply for bail and see if the state opposes.
