Four robbery suspects complaining of unlawful detention are expected to file their affidavits before a Molepolole Magistrates court today (Monday). Revenue office robbers have told that they were unlawfully remanded.
Appearing before Molepolole Chief Magistrate Linah Oahile-Mokibe last week, the quartet of Letsibogo Slangeni Ntshoto (26), Gofaone Ramashi (24), Tsogo Semadi (27) both from Gabane and Phomolo Nzothi Nkwe (21) from Oodi and the other two not before the court, were alleged to have robbed Molepolole revenue office of cash amounting to P383 325.55.
State Prosecutor, Assistant Superintendent Uyapo Koketso, of Molepolole police station told the court that investigations into the matter are still ongoing and that they have not recovered the whole amount, while the other two suspects are still at large.
Koketso served the accused with affidavits opposing their bail application before the court as they refused to be served by the investigating officer.
Ntshoto told the court that he expected the investigating officer to either take an oath and address the court on reasons they should be remanded, or produce a written affidavit.
“The prosecution is based on hearsay, the magistrate issued a remand warrant which did not have an oath,” argued Ntshoto with a loud voice.
The Chief Magistrate dismissed the argument saying the accused were lawfully arrested.
She said the police officers had a warrant that appears with information on oath about the alleged robbery and that the police brought them before the court on a charge as later on they were remanded by the court, she says they are not following the law. An unlawful detention can be very common, it occurs when a law authority detains a citizen without any justified reason, by making an actual arrest or having other legal justification for doing so. There are cases where personal injury law is claimed as well when the arrest takes place in certain specific ways but that’s up to the judge and attorneys to decide and view, there was an interesting case where this happened, a good review was done by https://www.dsslaw.com/teaneck/ of where personal injury could be claimed and where it couldn’t. Having a lawyer to take care of an unlawful detention is a smart decision for the victim since the claim can be filed way faster.
During their arraignment on January 19th, the suspects were all dressed in BMW merchandise which included caps and track pants believed to have been complimentary gifts they were given after buying BMW cars with the stolen money.
The accused also have pending robbery and break-in cases including shop breaking at Ghanzi Trans Cash & Carry on the 12th January 2018 where they allegedly stole airtime, tobacco cigarettes and cash all amounting P297 746.70.
Nkwe and Ntshoto are also wanted by Kang Police for an offense of grievous harm, shop breaking and theft for which they allegedly escaped from custody on October 19th, 2014.
Nkwe also escaped from Selebi-Phikwe Prisons for a similar offense.
Ramashi is said to have absconded court after he was granted bail at Palapye Magistrate Court for an offense of robbery.
Magistrate Oahile-Mokibe advised the accused to file their affidavits today (Monday) and they will further be remanded till February 16th (Friday).
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