Maun Principal Magistrate Gofaone Mosweu has set the 3rd and 5th November 2024 as trial dates for Maun prominent business man Gabriel Tiki Wellio and his co-accused: Abraham Nyakuhana, Keitshokile Montsho and Kadimo Ovuya for a case of suspected stolen cattle.
The quartet was allegedly nabbed on the 21st October 2022 at Gxhabara ward in possession of 9 carcasses suspected to be stolen cattle or unlawfully obtained. Nyakuhaka who is a Zimbabwean is also facing a single count of entering Botswana through an ungazetted point of entry early in 2021.
The three Batswana accused persons were granted bail in November 2022 while Nyakuhaka was granted bail in December 2022.
The accused persons who initially appeared before Chief Magistrate Thebeetsile Mulalu were granted bail on conditions that they each bind themselves with P2500 and each provide two Batswana sureties.
Prosecution had previously pleaded for Nyakuhana to be remanded in custody as he is an illegal immigrant making him a flight risk that may skip the country to avoid standing trial. Prosecution also pleaded that the accused person be remanded in custody as he does not have a permanent address in Botswana.
Defence attorney Charles Tlagae argued then that the accused person should be granted bail indicating that he is eligible to utilise his right to liberty like any Motswana could.
Tlagae dismissed reasons advanced by the prosecution that the accused person was a flight risk and that they did know where he comes from by positing that it was provided on the accused person’s expired passport which was in the prosecution’s possession.
“The travel document shows where the accused person was born in Zimbabwe, that should be the place to go to if the accused person skips trail,” Tlagae said.
Tlagae put it to prosecution’s attention that the accused person is a gardener at Wellio’s place which he said automatically becomes his permanent address in Botswana.
In March 2024 a warrant of arrest was issued against Nyakuhana and this week a warrant of arrest was issued against the other co-accused who were not before court, as only Wellio was before court.
Appearing before Mosweu this week defence attorney Charles Tlagae, who initially represented all the accused persons informed court that going forward would be representing the first accused – Wellio only.
Tlagae pleaded for the matter to come for another mention before trial to deal with other accused persons who were not present in court.
State prosecution informed court that the trial dates were suitable and further noted that they are still yet to arrest Nyakuhana who has been on warrant of arrest since March this year. The accused persons will appear for status update on the 10th October 2024 for confirmation of trial dates.
