Senior citizens plead innocent to theft charges

Lebogang Mosikare
Correspondent | Wednesday May 15, 2013 00:00

The duo and two other people who were not in court, are alleged to have stolen goods worth P5,400 belonging to Nancy Mbulawa at Mosetse village in the Central District. The state contends that the octogenarian Samson Pelaelo and septuagenarian Shinagai Mbulayi and their accomplices stole three rolls of barbed wire worth P2,000, two rolls of fence worth P1,000, poles valued at P1,500, two 200 litres drums worth P300 each and a trough valued at P600. The incident occurred in October 2012 during unknown dates.

The prosecutor Inspector Oteng Selalame, applied for another mention date to be set in the matter, explaining that this would allow the prosecution to ensure that the other accused persons are in court during the next mention date. However, Pelaelo said that contrary to the state assertion, he did not steal the said items but kept them at Mbulayi's place for security reasons because he was afraid that thieves might steal them.

He accepted responsibility for being responsible for dismantling the barbed wire because farmers were complaining that the barbed wire was pricking the skin of their livestock. He also told the court that Mbulawa is his niece, asserting that he could never steal from his brother's daughter.

Bagopi granted the accused bail under the conditions that they each enter into recognisance of P200, do not interfere with state witnesses, report to Mosetse Customary Court every Monday during working hours and also attend court when required. He further ruled that the accused be remanded in custody until they fulfill their bail conditions.

Meanwhile, an immigration officer appeared in court on a single charge of making a false document. According to the state, Masego Mmereki (Immigration Assistant) and Othusitse Maikgodiso (Switchboard Operator) allegedly acting together made a false document (waiver) No. 00277614A in the names of Chikumi Promise Tichaona purporting the same document to be what it is not. The two are employed at the Regional Immigration offices here. The magistrate set May 17 as another mention date. The one accused, Mmereki breathed a sigh of relief after the magistrate rescinded his earlier decision to send her to jail for seven days for contempt of court.

She attracted the wrath of the magistrate after her cell phone alarm went off while she was sitting in the public gallery waiting for her case to be called. The alarm temporarily caused minor disturbance to the proceedings of court.

The magistrate asked Mmereki to show cause why she should not be sent to jail for disturbing court proceedings.A visibly contrite Mmereki asked for forgiveness and told the magistrate that she forgot to switch off the alarm. Her plea however did not persuade Bagopi to find her in contempt of court. 

After her case was called, Mmereki's attorney Mishingo Jeremia made what appeared to be a feeble attempt at intervention on behalf of his client. Jeremia humbly requested that the magistrate not send Mmereki to jail because she has been facing a disciplinary hearing at her work for the charge she stands accused of.

Jeremia said the accused has been attending court whenever needed and has not had any brushes with the court before.Bagopi stuck to his guns and told Jeremia to make an urgent application before the High Court for redress.Jeremia then rushed to the High Court to make the urgent application after Bagopi said he would not change his decision to send Mmereki to jail for contempt of court. Mmereki breathed a sigh of relief when her case was later called and Bagopi told her that she can now go home, but not before sternly warning her never to disturb court again.

She received the good news in the absence of her lawyer who was still at the High Court fighting for the freedom of his client. Mmereki assured the magistrate that she would not repeat the mistake.