The state alleges that Phatsimo Ketshabile with intent to defraud, unlawfully obtained P9,500 from Kemang Busang at or near the Botswana Defence Force (BDF) camp by falsely representing that he was selling a Honda Fit car to Busang while he knew what he was saying was false.
The prosecutor in the case, Ditshotlo Mpale told the court that the state was opposed to Ketshabile being granted bail. He then called the investigating officer (IO) Detective Constable Mmoloki Rasetshwane to give reasons why the state was opposed to bail.
Rasetshwane said: “We received a complaint that the accused unlawfully obtained P9,500 and on April 10 we managed to arrest the accused. Our investigations so far show that the modus operandi (method) used by the accused to defraud people is to the effect that he advertised his car for sale on Facebook. The complainant communicated with the accused and told him that he was interested in buying the Honda Fit. "The accused told the complainant that he was coming to Francistown to sell him (complainant) the car.
But later, the accused called the complainant saying that he was arrested by deputy sheriffs and they needed P9,500 to release him otherwise they would confiscate and sell his car to compensate for the P9,500 that he owed them.” Rasetshwane then told the court that Busang sent the accused P4,000 using Orange Money and his girlfriend also sent Ketshabile the remaining P5,500 using the same money transfer mode.
“The accused is wanted by various police stations (Tatitown, Mahalapye, Nata, and Tlokweng) in Botswana in connection with similar offences. From the investigations that I have carried out so far, he is wanted in Nata and Tlokweng for swindling people out of their hard earned money (P8,000 and P10,000 respectively).
I, therefore, pray that the accused shall be remanded in custody because our investigations are still in their initial stage. Also, the accused is a flight risk because he is wanted by other police in relation to offences similar to the one he is currently facing,” Rasetshwane said. Asked if he had anything to say to the IO, Ketshabile professed ignorance as to why he was in court saying that he had agreed with the complainant that he would reimburse him within four days. This prompted Magistrate Tshepo Magetse to interject asking Ketshabile if he was admitting to the offence and in response Ketshabile answered in the affirmative.
Rasetshwane then told the court that the issue of Ketshabile reimbursing the complainant was new to him. Ketshabile then said he will be constrained to pay the complainant if he was incarcerated because there will be no way he will be able to generate money. Rasetshwane told Ketshabile that the prosecution wanted him to be remanded in custody because he was wanted by other police stations in connection with similar offences. Magetse later told Ketshabile that it was in the interest of society that he be remanded in custody because he allegedly committed similar offences elsewhere.
Magetse also asked Ketshabile if he had no problem with swindling people out of their hard-earned money because he knows that once charges are laid against him, he will pay and then the charges will fall off. Ketshabile answered in the affirmative to the amusement of the court. Ketshabile also admitted that he committed the matters that were registered at Tatitown and Francistown police stations.
In his final submissions, Mpale said that it was clear from the accused’s answers that he has the propensity to commit more offences because he was wanted by various police stations in Botswana in connection to similar offences.
Therefore, Mpale added, it will not be in the interest of justice and society for the accused to be granted bail until his matter is finalised. Asked by Magetse if he has previous convictions, Ketshabile said: “Yes, I was once convicted and sentenced for theft common.
I was convicted of stealing my girlfriend’s cellular phone.” At the end of Ketshabile’s arraignment, Magetse pronounced: “I am going to remand you in custody until the finalisation of this matter. If I release you, society will think that the courts encourage people like you to defraud others knowing that the courts will release them.”
