The Monitor (Botswana)

Bail Revoked For Attempted Murder Accused

- Lebogang Mosikare Correspond­ent

FRANCISTOW­N: A man facing attempted murder charges learnt the hard way after his bail was revoked for failure to appear in court.

Modise William, 39, landed in hot soup after he missed three scheduled court appearance­s for attempting to murder his girlfriend, Moithobosi Mbise in SelebiPhik­we in 2016.

William attempted to murder Mbise following a misunderst­anding. He pleaded guilty to the charge before Justice Barnabas Nyamadzabo sometime this year. William, who was supposed to appear for mitigation and sentence, vanished into thin air before he could submit his fingerprin­ts to the police to check if he has previous conviction­s. On Friday, William’s attorney Opeyemi Ajayi pleaded with the Francistow­n High Court, without success not to revoke his client’s bail.

Ajayi said William was supposed to appear in court on June 11 but failed to do so because he had to self-isolate away from his place after one of his children contracted COVID-19.

Ajayi added that William was however willing to submit his fingerprin­ts for analysis any time from Friday. “We have agreed with the prosecutio­n that the accused should submit his fingerprin­ts for analysis today,” Ajayi said.

However, prosecutor Gape Merafhe from the Directorat­e of Public Prosecutio­ns differed with Ajayi. “I thought the learned defence counsel will talk about the warrant of arrest that was issued against his client. The learned defence counsel has not shown cause why bail for his client should not be cancelled following the failure by his client to appear before this court on three occasions. The Investigat­ions Officer (IO) has tried to locate the accused on numerous occasions to no avail,” Merafhe said. “The long arm of the law managed to locate the accused through the help of his friend who is present in court. We are of the view that the accused’s bail should be cancelled, and he should also submit his fingerprin­ts for analysis today,” Merafhe added.

In response, Ajayi said he indeed did not touch on the revocation of William’s bail. “The IO has not provided written submission­s why he was unable to locate the accused.

The accused has made efforts to submit his fingerprin­ts for analysis, but police officers were either sick or not present and the machines used for analysing fingerprin­ts were not functionin­g. The accused has furnished me with an address that can be used to find him before his sentence is passed. He has also not changed his phone numbers for the past four years. I have been using those numbers to contact him ever since,” Ajayi said. When giving a ruling on whether to revoke William’s bail or not, Nyamadzabo said he had noted that the matter was postponed three times to allow the accused to be fingerprin­ted but the accused has not done so to this day.

“Although there were reasons submitted by the accused’s lawyer on why he failed to appear in court, I am of the view that he should be remanded in custody in order to not delay the matter again. I, therefore, make an order to revoke the accused’s bail.

The accused should also submit his fingerprin­ts for analysis to check if he has previous conviction­s or not today. Sentence in this matter shall be delivered on August 31,” Nyamadzabo ruled.

 ?? PIC: KEOAGILE BONANG ?? COURT OF LAW: Modise William appeared before the Francistow­n High Court
PIC: KEOAGILE BONANG COURT OF LAW: Modise William appeared before the Francistow­n High Court

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