Detained for over five months now, Zimbabwean murder accused, Eric Nyoni is fuming about the court’s delay in delivering a ruling on his bail application.
After he was remanded in October, the Maun Magistrate’s Court is yet to deliver bail ruling for the 35-year-old which he initially applied for in November last year. The accused person is also furious about the prosecution’s continued failure to show up in court something which he argues delays the case.
Nyoni is alleged to have on the 12th October 2022 murdered his Motswana girlfriend, Kebatshabile Machaba at Sanyedi Ward in Maun.
The accused and the deceased who is the mother of his 1-year-old child are alleged to have on that fateful night at around 2300 hours had a misunderstanding leading to the accused person allegedly hitting the deceased with fists. The accused is then alleged to have left the deceased home and went out for entertainment.
Upon his return at around 5am the accused person found Machaba lying motionless and he then proceeded to Maun police station to report the matter. The deceased was then rushed to Letsholathebe II memorial hospital where she was certified dead, while Nyoni was subsequently arrested as the prime suspect of her murder.
Nyoni is also facing a single count of entering the country illegally.
Appearing before Chief Magistrate Thebeetsile Mulalu this week, Nyoni has for the second time demanded an update on his bail ruling. He further pleaded with the court to ensure that the prosecutor handling his case is availed on his next mention.
“I have been coming to court for mentions several times but I have only seen my prosecutor twice that is during my arraignment and bail argument. May I please be assisted in insuring that on my next mention the prosecution is present,” Nyoni pleaded with the court.
Mulalu acknowledged the non-appearance of the prosecution and assured Nyoni that he will ensure that the former is present on his next mention. As he previously assured him, Mulalu reiterated to the accused person that his bail ruling will be delivered once complete.
During his bail argument on the 6th November last year, the accused person dismissed State’s fears he is a flight risk arguing that despite him being an illegal immigrant he however handed himself to the police after finding the mother of his child motionless in their house.
“I had an opportunity to flee and disappear but I didn’t because I know I did not murder my girlfriend and that should be reason enough that I will still wait and stand trial,” Nyoni previously said.
The Investigating Officer (IO) Nkape Nkape had argued that the accused person cannot be granted bail as he is an illegal immigrant and they do not know how he will be able to stay in Botswana if granted bail since he does not have the necessary documents to freely stay in the country.