ONE DENIED BAIL, ONE GRANTED BAIL
The first accused in the Isaac Davids murder case, Jabulani Dube (32) was on Tuesday denied bail before Molepolole Senior Magistrate Lindiwe Makgoro after his co-accused Mokgalimi Keoikantse Malea (34) was granted bail on February 13th.
Dube’s defense attorney Sesupo Masaka applied for bail pending trial arguing that Dube has a girlfriend, child, a valid residence permit and a valid work permit which prove that although he is a Zimbabwean, he has been living in the country legally for the past 15 years.
Masakaalso pleaded with the court not to discriminate the accused persons based on citizenship when granting bail but his plea failed after prosecution made a stiff objection to the bail application.
Investigating Officer (IO) Detective Superintendent Diane Lentigetse however notified the court that Davids’s wife Banyenyi Davids had revoked Dube’s work permit and expressed fears that
Dube was likely to abscond.
Lentigetse also argued tension between Dube and witnesses might put the accused man’s life in danger if he were to be released.
When delivering her ruling, Magistrate Makgoro said the court considered the balancing of liberty and interest of the society.
“State failed to provide convincing evidence opposing the accused bail, on the 22nd February 2018 some document was filed with the clerk of court as proof that the accused residence permit was canceled, which led to change in this matter. This means the applicant is an illegal immigrant and if granted bail he will be deported to his country,” said Makgoro.
Makgoro further said if Dube is granted bail he may fail to attend the court and it will be also not in the interest of the society.
The Principal Prosecution Counsel Enock Mahwite from Directorate of Public Prosecution (DPP), extended Dube’s remand warrant for the next 14 days for the investigating officer to furnish the court with all the necessary documents in preparation for the matter to be taken to the high court.
The 2nd accused, Malea from Ramotswa, who is represented by Jeremia Mishingo was granted a conditional bail to pay the sum of P2000.00, provide two sureties with the some of P2000. 00, report to Ramotswa Police every fourth night and surrender his traveling documents.
Malea will mention on April 17th while Dube will mention on March 13th.