Francistown High Court Judge President, Lot Moroka has denied Tati Siding triple murder accused bail ruling that he is a bad candidate to be granted one.
The 41-year-old Boikanyo France allegedly butchered his three sons Andile Botshelo (13), Katlego Botshelo (10) and eight-year-old Kyden Botshelo to death on July 17 last year in Mmoroso ward in Tati siding. He is also charged for unlawful wounding his mother Baganetsi France by stabbing her with a knife.
He was arrested after being on the run for eight days. France who worked as a gardener was committed to the High Court for trial on the January 20th this year.
In his bail application, the accused had told court that he wanted to await trial while out of custody because he is a bread winner and the first born in his family.
“I was a breadwinner and provider for my parents who are now unemployed. When I was arrested, I left my property unattended and I fear they are wasting away and scattered. I want to go and take care of my property”, said France, as he advanced his reasons for applying bail.
However, Judge President Moroka on Wednesday morning found France’s reasons for applying for bail as “ironic”, because the parents and family he wants to look after now, are the very people whom he killed and wounded eight months ago.
“The applicant seeks bail pending trial and he has been charged with counts of murder and one of unlawful wounding. The alleged victims are his family members. It is ironic that he uses this reason to seek bail. The consideration of bail goes far beyond whether one is employed or not. The overarching consideration is the presumption of innocence”, highlighted Judge Moroka.
He added, “the other consideration is the nature of the charge. Murder is a serious offence; double murder is double seriousness. Triple murder means the matter is serious triple times. On top of that is unlawful wounding.”
The Judge further indicated that the nature of penalties these offences attract also speak of the likelihood of one absconding from court. He also expressed concern at France’s safety if he was released and if the public will be safe should France be left to roam the streets and mingle with society.
“In the circumstances of the charges and the gravity of the case it is appropriate that the applicant (France) be removed from society. He does not qualify to be granted bail. He should await his trial in custody until the fullness of time when his guilt will be determined”, ended Judge Moroka.
