THE National Prosecuting Authority's senior prosecutor, Dalton Tshinyane, has told the Mmabatho Magistrates Court that Agnes Segomotsi Setshwantsho, the woman accused of killing her relatives to profit from insurance policies, is not a candidate for bail.
Tshinyane was giving his closing argument at Setshwantsho's bail hearing on Monday, 15 January.
Setshwantsho is facing a charge of murder after she was linked with the death of her niece, Bonolo Modiseemang, who died in August 2023 after she allegedly ate a sandwich laced with poison.
It was said in court that Setshwantsho had a life policy on her behalf worth R3 million without Modiseemang’s knowledge.
Setshwantsho is also facing two counts of fraud and defeating the ends of justice.
Tshinyane persuaded the court that Setshwantsho should not be granted bail, saying the fact that Setshwantsho has family in Botswana makes it unsafe for the court to release her on bail.
“It was submitted to this court that this accused has relatives in Botswana, can this court take the risk and release a person like this accused on bail?” he asked.
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Tshinyane acknowledged that there are extradition rules in South Africa with Botswana but said if the court risks and does that, it will be “unnecessary creating of work for the police to look for the accused who does not have a reason to be released on bail".
“We are dealing with a lot of cases almost every day where people manage to cross the border whereas we have their passport, therefore it is not an exceptional circumstance, this accused can also do that."
Tshinyane said the state has enough evidence linking Setshwantsho with the offences.
“The investigating officer testified before this court, and he indicated a list of people insured by this accused where they are not even aware of that insurance, and few of them are our witnesses who are going to testify, and she knows them very well. The lives of people outside are not safe." “I believe in the wisdom of this court it is the duty of this court to restore the dignity and respect and to bring back the confidence to our community in our courts as they are starting to lose confidence in our courts,” he said.
Tshinyane said that the people insured, most of them, were relatives and the chances of interfering were very high.
The court heard that Setshwantsho insured over 40 people.
“The cellphone used to apply for those insurances is her cellphone. The beneficiary is the applicant before this court, the account holder of the beneficiary is this accused, and the state witnesses insured there did not do anything, but she did that, can this court come and say the case is very weak,” Tshinyane asked.
He said Setshwantsho did not meet the requirements of exceptional circumstances to be released on bail.
She was remanded in police custody until 19 January, when the magistrate will hand down the judgment.
