A 66-year-old Molepolole man charged with threat to kill narrowly escaped a custodial remand after the state failed to present sufficient evidence to oppose his bail application.
Botikwe Itshekeng from Molepolole’s Lekgwapheng ward stands accused of threatening to kill Tsogang Mmelebele, 87, during a dispute on January 3rd.
According to the charge sheet, Itshekeng allegedly hurled a string of profanities and death threats, accusing Mmelebele of removing his cattle from a ploughing field. He is accused of uttering the words: “O seka wa ntsha dikgomo tseo tsame mo tshimong, mare** a gago mmago mpa** ke tlile go go bolaya.”
Prosecutor Sergeant Pako Kgosimolao asked the court to allow the investigating officer Detective Constable Marea Koofetohile to take a stand and oppose bail.
Her reasons were that there was a real risk that the accused could harm complainant, or interfere with potential witnesses.
She further sought a restraining order prohibiting the accused from entering the complainant’s home.
“I’m still going to look for the witnesses and I fear that he might confront them” she added.
In defence of the accused, attorney Lone Masire argued that the State’s fears were speculative.
He told the court that the matter was reported to the police a day later and that if the accused had any intention to commit the alleged crime he could have done it immediately.
He further revealed that the complainant and accused are embroiled in other cases before court involving a disputed piece of land.
The 87-year-old Mmelebele also opposed Itshekeng’s bail application noting that he feared for his life.
“The accused insulted me and threatened to kill me and I ran away to my neighbour’s place to seek transport to report the matter, but their car was not available, that’s why I reported the matter the following day. I slept under a tree because I feared returning home. The accused is a danger to my life. He has since opened another case against me after attacking me at my place,” said Mmelebele.
When the state failed to bring the investigating officer to formally oppose the bail application, the court ruled in favour of the defence and granted Itshekeng bail.
Before delivering the bail ruling, the Magistrate advised that the matter be referred to a customary court for possible mediation.
He advised the two elders to resist from further hostilities and further ordered Itshekeng to stay away from Mmelebele.
Itshekeng is expected to appear in court again on March 30th, 2025.
