Two Zimbabweans, who are alleged to have stolen a Honda Fit
motor vehicle at Newstands location in Tatisiding, Botswana early last month were granted
bail on Monday.
Attorney Kagiso Jani, managed to secure bail for his client
Jivas Chizunza and his co-accused Passmore Gondo (Gondo is not Jani’s client)
following lack of strong opposition by the state.
The two were granted bail on condition that they pay P5,000
each.
They were also ordered to provide two sureties each. The
court also ordered that the sureties should bind themselves with P5,000
each. As part of their bail condition
Chizunza and Gondo are supposed to report at Gerald police station every two
weeks. Additionally the accused were ordered to surrender their travelling
documents to the police.
The substantive prosecutor in the case, sergeant Jacob
Handly did not show up for the case.
Instead he instructed his colleague, Neo Machola to oppose the duo’s
bail application on his behalf.
“We pray that the accused persons be remanded in custody
because we are still trying to locate the owner of the car,” Machola said.
Jani opposed the application, arguing that the state has
not advanced good reasons to further remand his client and his co-accused.
“The right to liberty is constitutional. I don’t know why the state wants to further
remand my client and his co-accused. My
client is not a flight risk he has a permanent address or residence in Botswana
at Borolong. He stays with his aunt who is married to a Motswana,” Jani said.
Jani added that Gondo is not a flight risk as he too has a
permanent address at Area Nine location in Monarch, where he stays with his aunt.
In reaction, Machola told the court that she was not in a
position to fully oppose the bail application, as she is not the substantive
prosecutor in the case.
Magistrate Game Mooketsi adjourned the court and ordered
Machola to tell the relevant person assigned to the case to respond to Jani’s
application.
After a brief recess Handly did not show up as ordered by
the court. Even Machola was nowhere to
be found.
This prompted Mooketsi to rule in favour of Gondo and
Chizunza. She said: “The state has failed to support its application for
further incarceration of the accused persons, except that it is still yet to
locate the owner of the car, which is not a very convincing reason”.
“The offence that the two are alleged to have committed, is
a serious one. I had expected the state
to give the matter the necessary attention. The state not appearing shows lack
of seriousness.”
The presiding magistrate noted that the state failed to highlight
how the accused persons were going to interfere with the investigations if
granted bail. She added that the state did not give any suggestions as to
whether the two are a flight risk or not.
The accused will remain in custody until they have fulfilled
all their bail conditions. In a separate
but similar incident Chizunza and Gondo are expected to appear in court next
week in a case in which they are accused of stealing a Honda Fit vehicle in
Tonota. Mmegi
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