The man facing charges of sexually abusing a minor, Samuel Selolwane got the entertainment of his life on Monday afternoon when he appeared before Justice Itumeleng Segopolo of Gaborone High Court in his third attempt to secure bail.
As his attorney, Dr Obonye Jonas and the Judge engaged in a heated debate, Selolwane seemed amused and was regularly smiling and giggling alongside the public, and probably thinking that freedom was on the horizon.
It turned out to be a temporary comic relief session as the suspected child molester was eventually driven back to prison where he is going to spend a lot of time pondering on whether to agree to a DNA forensic test to qualify for bail, or to let police investigations go on without his DNA samples.
Judge Segopolo held the position that since the bail application was heard and rejected by Justice Barnabas Nyamadzabo,it was improper for him (Segopolo) to preside over it and review the decisions of his colleague.
The judge was unshaken upon learning that Selolwane has not, and was not ready to be subjected to DNA forensic testing for the police to complete their investigations.
He stated that the papers before him showed that the circumstances that were presented before Nyamadzabo had not changed, and therefore he could not assume the mandate of the Court of Appeal.
The Judge also dismissed Selolwane’s claims that he was reliably informed that the DPP has found a secure place for the victim, where he cannot reach her.
Segopolo said the accused person has not supported his reliable information with an affidavit from his reliable source, and has not proved his alibi, and he therefore did not improve the prospects for his bail.
As the judge and the attorney continued with their heated exchange, it was evident that they were not making any progress and Justice Segopolo pointed out that he was losing patience with the defece attorney’s unnecessary interruptions.
At the height of the exchange, Judge Segopolo accused Jonas of stage performance, to which Jonas replied that he was offended, and demanded to be respected.
“I need to be addressed with respect my Lord. The court must address me with respect, you can’t say I’m performing.” charged Jonas to which the unamused Judge retorted,”You know what, it is because you keep on interrupting me when I ask you questions, and you have been doing this all afternoon. Do you think it advances your client’s interests?
Unshaken Jonas shot back,” You can’t say I am performing. You must respect me my Lord. “The Judge visibly nearing the end of his patience curtly advised Jonas to take a seat.
“Look Doc, if you don’t have anything to say you can take your seat. You risk being in contempt of court.” he said but in defiance Jonas replied, ” I still have a lot to say My Lord, but I am considering pulling out of this case because you have not attempted to listen to what we have to say since the beginning of the proceedings” Unfazed, the Judge replied,”Yeah, you can pull out, and let us see what purpose that will serve your client.” At this point Jonas reiterated that his client had argued that the abused child was at a safe place that he did not know and therefore he could not reach the child.
“He is not a prophet, the practical reality is that he does not know where this child is,” emphasised Jonas to which Judge Segopolo replied; ” How do you know he is not a prophet, or even a wizard?
Ultimately Segopolo ruled that Selolwane should remain in jail for now and approach the Court of Appeal for bail application.