A man suspected of murdering his wife was granted bail by a Village Magistrates Court on Wednesday morning after his lawyer successfully argued there was no substantiative evidence linking him to the crime.
The prosecution’s failure to produce the postmortem results also worked in Kgosi Nyangulu’s favour.
The 44-year-old businessman stands accused of killing his wife, Patience Kgomotso Tiro, who was found dead in the bedroom of their Phase II house on the 3rd of October.
Nyangulu was only brought in for questioning this Tuesday, with police then deciding they had enough evidence to charge him with.
After spending a night in jail, the murder-suspect was bailed the very next day.
Outlining why his client should not be remanded, (Nyangulu’s lawyer) Uyapo Ndadi told court, “This is a serious offence. At least if they can produce the postmortem so that my client can know why he is linked to his wife’s death. We do not know what she died of.
“Prosecution cannot just come to court as if this incident happened yesterday while the deceased died last month! What explains the delay of registration of case? My client indicated that his wife was sick and even produced medical reports,” stated Ndadi, originally hired by Nyangulu as he seeks to gain custody of his children, who are currently staying with his late-wife’s family in Serowe.
The State Prosecutor, Molelekwa revealed investigations were at an advanced stage, adding that they were not opposing bail as the accused had been co-operative with the police.
Molelekwa proposed that Nyangulu be granted bail on conditions that he binds himself with P5, 000, provides two citizen sureties who will bind themselves with the same amount, and reports once a month at Gaborone West Police Station.
They were conditions Village Chief Magistrate Goodwill Makofi agreed to, as well as ordering that Ndadi be given postmortem results.
Though prosecution failed to produce the postmortem, it is said to have been conducted on the 5th of October and allegedly shows the deceased died of injuries to the head.
For Nyangulu, it means he will spend the festive season as a free man as he is next due in court on 26 March 2019 for status update.