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Botswana: Denied Bail
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The Voice (Francistown)
18 March 2008
Posted to the web 18 March 2008
Innocent Tshukudu
Francistown
A Francistown High Court this week denied bail to a man who is accused of killing his live-in Zimbabwean girlfriend.
Zibani Thamo, 33, was arrested last year after the shocking discovery of his girlfriend's dismembered body parts that had been buried in different parts of the Tati River. The deceased, Sihle Dube, disappeared on April 21 last year following an argument with Thamo. Thamo, who had been staying with Dube at his house in Francistown's Satellite location, then reported her to the police as a missing person and frequented the Kutlwano police station enquiring if they had found his girlfriend.
A month later, a passer-by who had stopped to relieve himself in the river spotted a human skull and together with a friend they reported the matter to the police.
Thamo became the key suspect and he cooperated with the police and showed them where he had buried the other body parts.
Dube's body was identified with the help of her sister who recognized the deceased's fingernail polish and her missing tooth from the skull. The Nigerian family that the Dube had been working for also identified the deceased by her braids that they had brought from Nigeria.
This week, Thamo appeared before Justice Thomas Masuku seeking bail pending trial. In his bail application Thamo stated that he was a self-employed builder, plumber and electrician and that at the time of incarceration he was taking care of his young children. He told the court that he did not have any ties outside the country and that he would abide by all conditions should he be granted bail. He also said there was no way he could interfere with police investigations.
The state opposed the application and told the court that Thamo actually had contacts in Zimbabwe and that if granted bail he was likely to abscond.
Justice Masuku observed that although there were no eyewitnesses to the murder, the statements indicated that the accused had pointed out the body parts that were hidden in different locations and that independent witnesses were called to observe the pointing out. "Furthermore, there are witnesses who apparently heard the appellant and the deceased having a misunderstanding and the latter was heard screaming for help and was never seen alive thereafter. Besides the pointing out one can safely say there is at least circumstantial evidence that may point to the accused's guilt, a factor that reinforces the prosecution's argument."
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In refusing to grant bail to Thamo, Justice Masuku said there was a cognizable indication that the interests of justice were likely to be dealt a shattering blow if bail was to be granted to Thamo.
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