Murder accused Chirunga denied bail

Mpho Mokwape | Friday July 17, 2015 11:26

 

Chirunga is accused of murdering University of Botswana professor Richard Sehurutshe early this year. Sehurutshe’s body was found dumped in Molepolole, while his car missing. Chirunga is alleged to have abducted the deceased at his Phase Two home some time before he was found dead. Chirunga also faces two counts of vehicle theft.

Justice Walia said the state had proved on a balance of probabilities that the accused is capable of fleeing if granted bail.

“The state contends that the charges faced by the accused are serious, that he committed the offences allegedly while on bail and that he is able to cross the border into South Africa with ease,” he said.

Justice Waila said the state’s biggest fear that Chirunga was a flight risk were substantiated by the fact that he had once managed to travel beyond his bail jurisdiction and had travelled without his travel documents.

“On papers before the court, the state’s allegations are more credible. In a statement made to the police on June 10, 2015 the accused’s brother, Lovemore Chirunga says that he once drove the accused’s family to Mafikeng where they met with the accused. This clearly flies in the face of the applicant ‘s averment that he had never left his jurisdiction,” he said.

Justice Walia said that though he upholds the principle that a person is presumed innocent until proven guilty and that bail should not be denied unless otherwise, it was still not a guarantee to set him free.

He explained that offences alleged against the applicant were very serious more so that murder carries the maximum sentence of death, while theft of a motor vehicle carries a mandatory five-year sentence.

“It is noted that the more serious the charge, the greater the temptation on the accused person to not surrender to his bail.

The offences under consideration are alleged to have been committed while the applicant was on bail from a Francistown charge.

This demonstrates his propensity to engage in criminal conduct while on bail,” he said.

Kgalalelo Bafedile of the Directorate of Public Prosecutions (DPP) had expressed fear that the accused might skip the country without standing for trial, if granted bail.

Bafedile further said Chirunga has had previous brushes with the law and therefore posed a danger to society.

However, Chirunga’s attorney Friday Leburu dismissed fears that his client may abscond. He argued that Chirunga is not a flight risk as he is a Motswana despite the assumption that he is a foreigner.

“According to my understanding, my client is a pure Motswana and he is not a flight risk as alleged by the state,” he said. Leburu added that Chirunga had been given bail for previous offences on numerous occasions, but had never skipped the country.