The defence in the case of Agnes Setshwantsho has accused the state of using delaying tactics to prolong the case unnecessarily. The Molopo Magistrate’s Court in Mahikeng has postponed the case to the 27 June, to allow the state time to centralise the charges against Setshwantsho from the Northern Cape and North West.
She is facing charges of defeating the ends of justice, fraud and murder for allegedly killing her niece and cashing in on a life insurance policy worth R3 million.
Agnes Setshwantsho, who has been remanded in custody, is also facing charges linked to the murder of her son Kutlo in the Northern Cape in July last year.
The state wanted the matter to be postponed for two months to allow it time to centralise the charges against Setshwantsho for her trial to sit in one court.
“We need to be given an opportunity to draft a proper indictment that’s how it works. That is why the state is requesting the matter to be postponed,” says prosecutor Witness Ndlovu.
But the court only granted the state a postponement for a month to centralise the charges for the matter to be transferred to the North West High Court.
“This matter is remanded until the 27 June this year to deal with the decision of centralisation of charges as well as the high court date. The accused will remain in custody,” says Magistrate Gert Pretorius from Molopo Magistrate’s Court.
However, Setshwantsho’s defence argued that the state was trying to delay the proceedings.
“Our previous justice had set norms and standards to say that matters appearing in the lower court but a judicated upon in a higher jurisdiction ought not to spend period exceeding six months for them to go to the court where they are going to be heard. In this instance the six months has passed. We are already in six months and a week,” says defence attorney Nhlanhla Mahlangu.
The defence also reported that Setshwantsho had been assaulted by other inmates and injured but has not received medical attention.
“My client was assaulted by one of the inmates, the guards in Mafikeng females’ detention centre intervened. They opened the cell, they found her surrounded by a group of female inmates who were assaulting her. She was bleeding through her right ear. She had requested medical attention and to date, it’s Wednesday, six days after the initial incident, and she has not received medical attention,” Mahlangu adds.
The Magistrate instructed that Setshwantsho be given medical assistance.
Video: Agnes Setshwantsho – State accused of ‘lackadaisical investigation’ in alleged insurance killer case
