In the first point, the states argue that on September 20, 2018, Bangladesh, Moshair Hossain and Mustafa Kamai Sajib, the special constables Abednita Mothab, the Zimbabweans Jozef Katejah, the locals Lazarus Bhebhe, Kabo Ngvenia, Khumo Tibona, Edvin Sereme and Chesta Mehlva Tshelele in the Nihama Ptti warehouse Ltd in France and stole plasma televisions and other valuable items in the amount of P215,500.
In the second indictment, the State states that the Accused entered the warehouse belonging to Super Life Trading in France and that he had stolen Black Super Life Television and other television stations worth P157,800 on October 9th.
The defendants also allegedly violated the Nihama warehouse on October 31st and stole various goods including televisions and other assets of P45,900.
Moshair is the director of Zobeda Investments, which sells various television and other electronic products, while Saib is the director of Opsherha Enterprises, which is also specialized in selling various electronic products.
On Tuesday, Hossain, 51, and Sajib, 38, through their lawyers Vad Nfil and Mbigani Mhizha, soon filed a bail application before Judge Gaolapelva Ketlogetsva.
The decision to file a bail application was postponed on Wednesday morning, but it was postponed until Wednesday afternoon.
Nfila, who spoke on behalf of the two indictees, asked the court to grant the bail because they were just imprisoned for the indictment.
He stated that the Accused should be considered innocent until proven guilty, adding that the Prosecution has no concrete evidence against them.
"The applicant's request is reserved.The state was armed only with complaints because we were not provided with testimonies of the witnesses.The two applicants stayed in Botswana
for 12 and 18 years respectively. They have school children, women and businesses, who will suffer if they are permanently held in prison. They eat only food that is not provided in prison, "said Nfila.
He added that Hossain is a diabetic who requires a special diet that is not insured in prison.
"The state has failed to provide a time frame when it completes its investigations. Our clients will suffer more prejudice if they continue to be shut down by the date the state completes an investigation, which is currently unknown." Our clients are ready to provide guarantees that will ensure they attend court sessions when and when necessary. We will ask the Accused to grant a bail on the above grounds, "said Nfila.
However, State Prosecutor Odirila Kahengwa Pooh stored what the Defense attorneys said.
He told the court that it was not a good time for the applicants to grant bail because investigations on issues were still in the initial stages.
"We still need to reclaim some of the stolen goods that are said to be in Zimbabwe and Zambia. Some stolen items were found in the custody of two applicants. We are still recording statements by some witnesses who are also employed in two claimants," said Kahengva .
Kahengwa added: "Therefore, the granting of bail to the accused has the potential to jeopardize our investigations. Therefore, we are afraid that the Accused will escape and there will be no trial if they are granted a bail, because they face very serious charges."
Other accused persons in this case did not submit a request for payment of bail and are also in custody.