The much-anticipated trial of British national David Holland, who is facing a threat to kill charge and multiple other charges of assault, failed to commence before Francistown Magistrate Court when the key witness failed to show up on account that she has sought asylum in the United Kingdom. This led to Francistown magistrate granting the accused bail, again.
“Should he remain indefinitely remanded bearing the weight of pretrial detention while the State proceeds at a pedestrian pace in prosecuting cases? Justice cannot be one sided, nor can be the burden of delay be borne solely by the accused person,” said Principal Magistrate Tshepo Magetse.
In a fully packed court last Friday Prosecutor Peter Pitlagano pleaded for a postponement of trial to 31st March, for him to formally apply for online video conferencing trial since the key witness in the criminal matter is no longer within the court’s jurisdiction.
According to defence attorney Senior counsel Nkululeko Fuzwayo, the State was aware their core witness was no longer in Botswana three months ago.
Due to the State’s unpreparedness for trial, 36-year-old Holland who has been languishing in prison since January, was readmitted into bail awaiting trial on condition he pays P20 000 and two sureties to bind themselves with the same amount and surrenders his passport and reports to Kutlwano police every Friday.
“To uphold this standard, I cannot weigh only one side of the equation. The State’s failure to be trial ready is a significant delay, and it would be unjust to punish the accused for the prosecution’s shortcomings. As a consequence, fairness dictates that the accused be readmitted to bail pending trial. The true issue before the court this morning is the lack of progress in cases. If trials were conducted expeditiously, the debate of bail would seldom arise.”
Holland’s bail was revoked earlier for noncompliance of bail conditions and evading court appearance.
“It is evident the accused had accepted his remand fate, placing his hope in the trial process. However, due to the State’s failure he now finds himself in a position where justice demands his release on bail,” highlighted Magetse. Turning his attention the Holland the judiciary said “ultimately, bail does not win cases, trials do.”
He further warned parties from victimising the media and any disturbing trends as reported in the media.
“However, I must admit, I stumbled upon a disturbing trend in this case, one that seems everywhere in the media, despite this case currently before the courts. I humbly suggest we save some of the energy for the trial itself. I remind both parties that no criminal case has ever been won outside the courtroom,” charged Francistown Principal Magistrate Magetse.
