Pay Back Cash Bail With Interest – Mothobi
AHigh Court judge is of the view that suspected criminals, who pay cash bail, should be given their money back with interest.
Justice Michael Mothobi expressed his viewpoint at the bail hearing of murder accused Thato Tsametse.
“The law assumes that one is innocent till proven guilty. Bail is therefore liberty and I think it would be right if the bail money is kept in an interest accruing account so that the accused that need the money very much can use it,” he said.Tsametse has been charged with the brutal murder of his young cousin, Arnold Ofentse, who he allegedly killed for insurance claims. He was on Tuesday granted bail by Mothobi after his case was committed to the High Court.
Mothobi, who had expressed shock at the P5,000 that Tsametse had paid for bail, said the money was too little looking at the gravity of the crime committed. He, however, said this after observing Tsametse’s behaviour over the two years on bail, which he granted him without requiring any cash amount or sureties.
This was after stand-in prosecutor Keene Manyothwane told the court that Tsametse had never missed any mention and had observed all other bail conditions.
This meant that he would reclaim his P5,000 that he had paid when he was granted bail in 2018. His two sureties would also reclaim their P1,000 each. With the new conditions set by Mothobi, Tsametse shall not travel more than 20 kilometres from the centre of Gaborone unless travelling to his residence in Nkoyaphiri, Mogoditshane without leave from the High Court and report every Wednesday and Saturday to Officer in Charge Mogoditshane Police Station.
He is also to surrender all passports and other travelling documents to Mogoditshane Police Station; should not be involved in or be a suspect in relation to the commission of any crime in Botswana and attend all mentions at court as and when summoned to do so.
It is alleged that Tsametse confessed to traditional healers he consulted that he had indeed killed Ofentse and wanted them to use their powers to keep him from being prosecuted.
After being denied bail four times at both the Magistrate’s and the High Courts, Tsametse was granted bail by Broadhurst Magistrate, Tshepo Thedi in July 2018.
Despite the prosecution’s plea not to grant Tsametsi bail on conditions that he had made confessions to traditional doctors, Thedi set him free on conditions that he pays the P5,000 cash and provided two sureties who paid P1,000 each. Tsametse was taken into police custody for questioning on March 13, but was finally arrested seven days later.
Ofentse, the then Form Two Ledumadumane Junior Secondary School student and cousin, was brutally stabbed to death on March 3, 2018. He was found dead under a huge morula tree not far from Mogoditshane Senior Secondary School. His throat was slit.