Lobatse High Court Judge Abednico Tafa has given bail to two Letlhakeng men, Pakino Dipotso and Samuel Mokate, who are facing charges of allegedly murdering Chimu Polo.
Granting the men bail, Justice Tafa said that there is no doubt that the offence of which the applicants stand charged with is a serious one in the penal code as it carries a possible death sentence where no extenuation circumstances are not found.
He said that the seriousness of the offence must not be viewed in isolation when determining whether or not an accused person is likely to stand trial but that it must be viewed against the strength of the case.
Justice Tafa said that in this case, the investigation officer, in his affidavit, states that the two accused persons were interviewed and, at first, denied ever having met the deceased but that after being confronted with what the other witnesses had said, they admitted to having last seen the deceased the night they were taking him to the clinic when he jumped or disembarked from the back of the van, running into the bush.
The judge said that though there is evidence pointing to Polo having died, there is no evidence of when and how he died. The cause of his death, he said, is still to be ascertained but that there is evidence that after drinking Chibuku he vomited and was rushed to the clinic.
Tafa said there is no evidence that the two accused persons had tempered with the Chibuku before it was taken by the deceased or that they had caught up with him after he had allegedly jumped out of the vehicle.