Shootout survivor’s family demand access to her
Say Tsaone has been held for over 48 hours Want Tsaone to have access to her lawyer and family assistance Family fears she might have been tortured or beaten Attorney Ngakaagae failed his client- Police
The family of the survivor of the infamous shootout between robbers and the police last week has demanded the release of their daughter Tsaone Reboeleng. The family through its Attorney Kgosietsile Ngakaagae lodged an urgent application ‘ for the state to produce Tsaone, and also, to enforce Tsaone’s rights to access family assistant, to a lawyer, and to legal representation.’ According to court papers lodged before High Court Judge Gabriel Komboni, Tsaone’s family through Ngakaagae say Tsaone is unable to appoint a lawyer as she is in police cus
tody and no one is allowed access to her by the police. In her founding Affidavit, Tsaone’s cousin, Kutlwano Reboeleng says Tsaone is unlawfully being denied access to her lawyer, legal representation and assistance of family. However the police have denied this allegations. In an affidavit by Central Police Station Commander Superintendent Mothusi Phadi denied that Tsaone Reboeleng has been denied legal presentation as claimed by Kutlwano Reboeleng in her affidavit. He said this has been explained to Tsaone at the Extension II Magistrate Court on the 2nd March 2022 when she was arraigned on a charge of armed robbery.
Tsaone’s cousin, Kutlwana explained in court papers that Tsaone’s detention followed a raid on Plot 18515, Phase 2, which was her residence at the time of the raid. She stated that the reasons the police raided the residence are unknown to her. “Suffice however to state that 10 people who were at the place died, a fact that the police have publicly confirmed. Tsaone was apparently the only person out alive. “The fact that Tsaone is still in police custody, after five days, can only mean that she is being held as a suspect to some offence. I do not know what offence, that is. I do not even know if she has ever been arraigned for any offence. As her relatives we have not been allowed access to her,” she said. Reboeleng pointed out in her affidavit that on the 23rd February 2022, in the company of other relatives, she attended to Central Police Station in Gaborone with a request to see Tsaone. She said this was outside the 48 hours police detention period. “Tsaone’s liberty has been taken and she has no access to family or legal assistance. She is isolated from all society and her constitutional rights are being trampled upon.
We are concerned about her physical and mental health. “Tsaone must consult with her lawyer. She should be given the privacy to consult over the legal situation she is in and to consult over her health. Tsaone is not being held in prison where lawyers can access her, but in police cells even outside 48 hours. “This is clearly designed to ensure that she has no access to the outside world. The fact that the police will not allow for Tsaone to consult with a lawyer or be seen by family after six days of detention, without assigning reasons, leads to the reasonable suspicion that Tsaone may have been tortured, beaten, injured or abused in some form and another by the police,” Reboeleng said in her affidavit.
She indicated that by denying her legal assistance, the police are infringing Tsaone’s rights as a suspect and ultimately as an accused person. Meanwhile Station Commander Superintendent Phadi stated in his affidavit that the accused was arrested on the 23rd February 2022 and therefore could not possibly be outside the 48- hour period. According to Phadi the accused was on the 25th February 2022 taken before court wherein a warrant of further detention was issued.
“The Magistrate had further ordered that the accused be assisted in acquiring clothing and toiletries which the accused directed were to be taken from her residence in Phase II, Plot 18515 and she was accordingly assisted.” Phadi argues that no one came to see the accused until the 25th February 2022 at which time the accused was not incarcerated at Central Police Station as she was being discharged from Princess Marina Hospital. The family of the accused was informed that the investigations were still at the initial stage, Phadi says in the court papers. According to Phadi he has advised Tsaone’s lawyer, Kgosi Ngakaagae that they have applied for a warrant of further detention in order to conclude investigations and that he could see the accused person, see how she is doing and whether she needs anything but “he declined the offer citing that he wanted to consult privately.”
Phadi said he indicated to Ngakaagae that the police are at a crucial stage of their investigations and the accused had not sought to consult with her attorney at the time. “I saw the attorney at around 11am on the 27th February 2022 at which time I indicated that the accused was held under a warrant of further detention within Central Police Station and that we were still investigating, however he could see the accused and assist her in relation to any of her needs, which he declined. I advised the Applicant’s attorney that he was free to consult the accused and specifically indicated her date of arraignment and the Court where she would be arraigned; for further consultation at any time on 28th February 2022 to which the attorney responded by stating that he would draft an urgent application in the evening of 27th February 2022. It was surprising to find Mr Ngakaagae failed to attend arraignment and rather elected to lodge the current application despite him being free to consult the accused on the 28th February 2022, as advised,” Phadi explained adding that the accused is currently incarcerated at the Women’s State Prison and will be appearing on 14th March 2022 at Extension II Magistrate Court.