Defence, Prosecution Agree on Cases Consolidation

| May 4, 2015

The defence has applied for the consolidation of three separate cases involving three men who appeared before the Masunga Magistrate Court recently on charges of office breaking and theft as well as church breaking and theft.

Appearing on behalf of the second accused Melusi Montsho, defence attorney, Mr Isaac Seleka told the court that the accused persons had two other similar cases hence the agreement of the parties that the cases be consolidated.

He said in addition to the offences being similar and the recovered property having been found at the same place the same people, save for the complainants, will be called as witnesses.

Praying for the consolidation of the cases, Mr Seleka said the move would save the court time, as well as save the accused person who has engaged the lawyer money in terms of attorney fees.

The prosecutor, Sergeant Paphidzo Kuda of the Botswana Police Service, who did not object to the defence application, confirmed that the parties had indeed met and agreed that the cases be consolidated.

Sgt. Kuda then applied for an extension of the remand warrant of the first accused person, Kagiso Nfanile. Addressing the court, Nfanile pointed out that he was yet to be furnished with a ruling on his bail application which he had made before the court despite having been assured that such would be done.

He told the court that he needed the ruling for his bail application that was before the High Court. Granting the parties the consolidation applied for, the presiding magistrate, Ms Onkarabile Mokone further extended the remand warrant of the first accused.

Magistrate Mokone assured Nfanile that he would be availed a copy of the ruling on his bail application on the next mention date that has been set for May 13. Nfanile and Montsho, were charged together with 18 year-old Tumo Phatedi on a single count of office breaking and theft and two of church breaking and theft.

It is alleged that the trio, together with another person not before court, on or about January 6 this year, broke into Saint Peters Pre-School office and stole cash amounting to P22 250.

On one of the church breaking counts, they are alleged to have broken into the Apostolic Faith Mission Church in on or around November 24 last year and stole property worth P15 500. They are further alleged to have broken into Breath of Life Church and stole property worth P10 300.

The offences were allegedly committed in Tutume and the property stolen in the two churches comprised mostly musical instruments such as speakers, a mixer, microphone and a guitar. The case will come before court on September 8 and 9 for trial.

Source : BOPA

Source : Botswana Daily News

Category: News

Comments are closed.