Patricia Maganu
6 November 2009
Francistown — The defence in a robbery case will have to wait for the magistrate's ruling on a bail application for an accused who defaulted on his bail conditions. Gaedupe Naledi, 27, is the fourth accused person in a robbery that took place in Gerald Estates early last year.
The accused's attorney Richard Josiah of Josiah and Associates submitted that the accused had learnt his lesson and would not abscond again if granted bail the second time.
Naledi and three others appeared before Senior Magistrate Peggy Madandume for mention yesterday.
Josiah told the court that the time that the accused had stayed in custody after defaulting must have taught him a lesson.
"We submit that the four months that he has been in jail have taught him some lesson that it is important to honour the honourable court and avail yourself when needed," he stated.
He said that the defence has requested Naledi's mother to come to court.
"The accused has been in custody for at least four months now and we have requested the presence of his mother to stand as surety if the court is inclined to grant bail," he said.
Josiah further submitted that they were aware that it has been stated in authority that the court has the liberty to revoke bail or strengthen the conditions if bail is skipped.
He further said that if the accused is granted bail this time it could be under different conditions.
"He can avail a surety, his mother that will vow to take the responsibility if he defaults," he submitted.
Josiah said that the court should also take into consideration the fact the accused was innocent until proven guilty and "so extend another chance for him to await bail outside court like other co-accused".
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