Acting village chief Magistrate Batho Kgerethwa has this morning (Thursday) granted Onkarabile Mmakgongwana and Thabo Setlhare bail. The two men are alleged to have murdered Wage Namaqa over a cellphone in Phase 4, Gaborone last month.
The bail conditions are that the accused persons pay P5000, each provide a single surity who will bind themselves with P5000, report once a month at Gaborone West Police Station and not commit similar offences whilst on bail. Prosecutor Alexander Phale this morning said that they (prosecution) believed that at this stage the accused persons could not interfere with investigations.
“We do not have any objection to have the accused persons granted bail. I have however recovered that the accused persons have another case of robbery registered in 2019, it is the prosecution’s assertion under these circumstances that the accused persons should not commit similar offences,” Prosecutor Phale.
For his part, first accused Mmakgongwana said that if he were to be remanded the court had to deal with prison waders. “What is happening at jail is not allowed in the laws of Botswana. Prison waders are not helping us with what they are supposed to do. What I can say is that yesterday I was threatened at Moshupa Prison. They warned that they were going to come for me in groups if I don’t use my masks the right way. Also, my girlfriend is expecting and I am asking for bail so that I may start to fend for them,” Mmakgongwana.
Nkosana Ngwenya representing the second accused said that in the previous mention when they asked for bail the court was not upraised on bail denial by the state. Ngwenya said that the prosecution’s idea of bringing matters that are of suspicious nature should not be entertained before court.
“My interpretation is that they are not against the bail application. However, just to speak to the illusion of the robbery; an accused person should not commit a similar offense whilst on bail, the accused persons should have been convicted. The prosecution mistaken that prosecution provision to one that says the accused persons should not be suspected, it has not been established that the accused persons were involved in the said robbery.” The complainant in the matter has since been buried in his home country Malawi a few weeks ago.