Vehicle theft accused Zims get bail

Goitsemodimo Akanyang | Tuesday April 9, 2019 15:29

 

Attorney Kagiso Jani, managed to secure bail for his client Jivas Chizunza and his co-accused Passmore Gondo (Gondo is not Jani’s client) following lack of strong opposition by the state.

The two were granted bail on condition that they pay P5,000 each.

They were also ordered to provide two sureties each. The court also ordered that the sureties should bind themselves with P5,000 each.  As part of their bail condition Chizunza and Gondo are supposed to report at Gerald police station every two weeks. Additionally the accused were ordered to surrender their travelling documents to the police.

The substantive prosecutor in the case, sergeant Jacob Handly did not show up for the case.  Instead he instructed his colleague, Neo Machola to oppose the duo’s bail application on his behalf. 

“We pray that the accused persons be remanded in custody because we are still trying to locate the owner of the car,” Machola said. 

Jani opposed the application, arguing that the state has not advanced good reasons to further remand his client and his co-accused. 

“The right to liberty is constitutional.  I don’t know why the state wants to further remand my client and his co-accused.  My client is not a flight risk he has a permanent address or residence in Botswana at Borolong. He stays with his aunt who is married to a Motswana,” Jani said. 

Jani added that Gondo is not a flight risk as he too has a permanent address at Area Nine location in Monarch, where he stays with his aunt.

In reaction, Machola told the court that she was not in a position to fully oppose the bail application, as she is not the substantive prosecutor in the case. 

Magistrate Game Mooketsi adjourned the court and ordered Machola to tell the relevant person assigned to the case to respond to Jani’s application.

After a brief recess Handly did not show up as ordered by the court.  Even Machola was nowhere to be found. 

This prompted Mooketsi to rule in favour of Gondo and Chizunza. 

She said: “The state has failed to support its application for further incarceration of the accused persons, except that it is still yet to locate the owner of the car, which is not a very convincing reason”. 

“The offence that the two are alleged to have committed, is a serious one.  I had expected the state to give the matter the necessary attention. The state not appearing shows lack of seriousness.”

The presiding magistrate noted that the state failed to highlight how the accused persons were going to interfere with the investigations if granted bail. She added that the state did not give any suggestions as to whether the two are a flight risk or not. 

The accused will remain in custody until they have fulfilled all their bail conditions.  In a separate but similar incident Chizunza and Gondo are expected to appear in court next week in a case in which they are accused of stealing a Honda Fit vehicle in Tonota.