FRANCISTOWN: A man accused of killing another man, his wife and child made an urgent fresh application for bail on Tuesday before Justice Phadi Solomon.
Kativa Diwanga 33, and another person who is yet to be extradited from Namibia to Botswana, are alleged to have on June 10 in Tsholofelo East in Gaborone, murdered Methulesi Musoliwa, Sibongile Marks and Melissa Marks.
Diwanga’s attorney Mishingo Jeremia told the court that he is making a fresh urgent application for bail pending trial.
However, prosecutor Moffat Dick from the Directorate of Public Prosecutions (DPP) told the court that he was assigned to handle the matter late on Monday afternoon around 5 pm.
“Our notice of opposition does not have the investigating officer’s affidavit detailing why we oppose the bail application. We intend to file our documents on Wednesday before end of business. We are of the view that the matter would be ready for argument on Thursday,” said Dick.
Justice Solomon made an order that the state should file its papers on Wednesday while the matter would be argued on Thursday this week.
Previously when he appeared before a magistrate in Gaborone, Diwanga stated that on June 8, a certain man visited his (Diwanga’s) tuckshop in Francistown and bought some sweets. After buying the man asked to use his (Diwanga’s) cellular phone to call some people whom he had to go and assist in Gaborone.
Moments after that particular call had been made, the accused said a call came through on his mobile phone, and noticing that it could be for the other man, he gave him the phone to take the call.
The accused added that when he closed his tuckshop at around midnight, he realised that the other man, who had since entered his compound and was sitting at the fireplace, appeared to have nowhere to go.
Diwanga said he then offered to accommodate the man and that once they were home, the man had asked for Diwanga’s details, which he then wrote on a piece of paper.
He explained that after the man left early the next morning, he realised that his (Diwanga’s) Omang and other cards as well as cash in Botswana and Namibian currency, were missing, and also that the other man had left some items being a pair of trousers, a jacket and a sack behind.
Diwanga said he put the man’s belongings in a refuse bag and placed them in the garbage bin outside, where investigators found them days later.
He also told the court that he had, a day after he discovered that his cards were missing, gone to the police to report that he had accommodated a certain Tanzanian man, whom he suspected to have stolen the items.