COVID-19 Plea Lands Murder-Accused In Trouble
FRANCISTOWN: While it is a truism the coronavirus (COVID-19) has curtailed many’s movements, a man who wanted to use the pandemic as a smokescreen to deliberately miss a court session landed in hot soup.
Murder accused, Omphile Boikhutso found out that intentionally missing scheduled court mentions, then trying to use movement restrictions as a ruse does not pay.
The English expression that ‘lies have short wings’ aptly sums up what Boikhutso discovered after Justice Matlhogonolo Phuthego revoked his bail.
He tried pleading to regain his freedom following his recent arrest in Bobonong in relation to a rape charge-an offence he allegedly committed whilst on bail thereby violating one of the bail conditions in a murder case to no avail. When Boikhutso appeared before Judge Phuthego on Wednesday, prosecutor Khani Khani from the Directorate of Public Prosecutions (DPP) vehemently opposed that Boikhutso should be given his freedom again.
Said Khani: “This is an urgent matter that was not on the roll but had to be brought here since the accused was recently arrested through the assistance of the police in Bobonong. The accused recently appeared in court in
Bobonong on a rape allegation.” Added the prosecutor: “This court issued a warrant of his arrest on February 3 after he failed to appear in court for a murder charge. Trial dates in his murder case have already been set for August 24 and 25. The police managed to arrest him last week Thursday and he should now show cause before this honourable court why his bail shall not be cancelled.”
Pleading to regain his freedom, Boikhutso argued there was an issue of the lockdown in February hence his failure to appear in court as scheduled.
“I was in Palapye and then I went to the transport terminal intending to come to Francistown, but I found police officers who told me that I cannot travel to Francistown without a movement permit,” Boikhutso said. Asked by Phuthego why he did not tell the police that he was supposed to attend court in Francistown and show them a court order to that effect, Boikhutso replied: “I tried to tell them that but they did not listen. I was in possession of the court documents, but still the police did not budge.”
Boikhutso added that he then went to the council offices in Palapye but when he arrived there, he did not manage to get the necessary travel permit to come to Francistown since the offices closed before he could be assisted since there were a lot of people in the queue before him.
“The next day I went to the police station to seek help but the police told me that I could not travel without a permit,” Boikhutso further pleaded.
Quizzed further by Phuthego that since he said he was having problems getting to Francistown why then did he not call his attorney who stays in Serowe to inform him about his difficulties, to which Boikhutso responded: “I don’t know his mobile phone number and didn’t know where he resided.
I also don’t have a cell phone.” Boikhutso surprised the court when he said that he did not know why he did not ask his relatives or the police for assistance to call his attorney. “I was not aware of that,” he briefly answered. Phuthego then probed Boikhutso that since he was arrested in Bobonong last week, how did he manage to travel there since he did not have a permit?
Boikhutso responded: “Yes, I didn’t have a permit to travel to Bobonong. I only travelled to Bobonong to take my mother for medical attention since she was indisposed. It happened because of my lack of knowledge.” After Justice Phuthego asked Boikhutso who was clearly at sixes and sevens to answer, the judge concluded that Boikhutso had not proffered valid reasons to regain his freedom. The judge also said that Boikhutso had not brought any documents before court to validate his claims.