Charges of threat to kill, intimidation and assault occasioning bodily harm against David Holland, a British citizen based in Francistown have all collapsed when trial failed to commence on Monday morning.
Prosecutor Gasemotho Pitlagano told Francistown Magistrate Court that the state has decided to withdraw charges of intimidation pressed by one Monalisa Mangure against Holland due to insufficient evidence leading to the crumbling of the state’s case against 37 year old Holland.
The prosecution suffered a blow when Principal Magistrate Tshepo Magetse dismissed the State’s application to hold trial virtually since the complainant Althea Holland, who filed a charge of threat to kill and assault occasioning had taken asylum in the United Kingdom.
In his ruling Magistrate Magetse said, the State had failed to provide any shred of evidence that the complainant had sought asylum. Therefore, on that basis the application to hold trial virtually could not proceed.
“Given that the complainant has allegedly sought asylum in the United Kingdom. One would have expected the State to present a well-reasoned and compelling application. One that demonstrates Botswana’s commitment to the rule of law and the proper administration of justice. Instead, the state submitted a poorly constructed application, which Senior Counsel Fuzwayo impressively dismantled before we could reach the merits. The substandard application fell far short of the legal threshold required. As a result, the court had no choice but to dismiss it,” Magetse pointed out.
Magetse highlighted that it is well known under international law that when an individual who feared harm or unfair treatment in their home country had the right to seek asylum in another country.
“However, your application before court failed to provide evidence when, why and how the complainant sought asylum in the United Kingdom. No evidence has been presented to the court to substantiate that claim.”
“As the matter stands, trial was scheduled to start on the 7th of March but could not proceed because the complainant did not avail herself. Today again the same complainant is still not before court, for her own case. This is on its own is an indication the complainant lacks interest in the proceedings of this matter. Therefore, no more trial dates will be availed to her,” continued Magetse.
The Magistrate advised Pitlagano and the State in future to make the necessary steps to prevent the defence from rightfully invoking its legal remedies such as acquittal.
“The two trial days would have been effectively utilised for more deserving litigants. This court is aspired to swiftly deliver justice for those who actively need it. Therefore it is unfair for others seeking justice to be kept waiting due to nonappearance of those who show no willingness to avail themselves before the court”, castigated Magetse.
Holland a father of two children first had a brush with the law in April 2023 in the plush suburb of Molapo Estates, when he took hostage his wife Althea threatening to kill her and their children. He is further accused of assaulting her with a stick, sustaining bruises on her arm and knees and different instance slapped her across the face. The Briton is also said to have intimidated one Monalisa Mangure a member of the civil society.
