State opposes bail for maid’s bail application

The house helper named Boitumelo Nchimako (30) stands accused of cruelly punishing a minor aged one year (names withheld) at her place of work. It is alleged that she assaulted the minor leaving him with bruises and abrasions all over the body. Appearing before Broadhurst Magistrate’s Court today, the State moved an application to substitute the initial charge sheet with a new one to introduce another count.

The new charge is synonymous with the initial charge while the difference lies in the dates of the assault. It is alleged that in December 2025, Nchimako assaulted the minor at Oodi where he ended up collapsing and sustained injuries in the process. In light of this, the State moved an application to further remand the accused in custody and brought the IO to take a stand to advance reasons why Nchimako should be remanded.Taking the stand, the IO said Nchimako is not a right candidate for bail mainly because of the inhumane brutality the minor suffered at her hands, allegedly.

“First I would like to start with the seriousness of this offence as it has a likelihood of a custodian sentence,” Dario said. Moreover IO said the accused does not tick the right boxes for bail as she has no place of residence near Gaborone which makes her chances for bail slim. “The accused has a motive to abscond court.

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She does not have a permanent residence in Gaborone hence it might be a challenge for her to access the court,” he said. In addition, the IO said they have fear that if granted bail, prosecutions would not be able to reach her, as she has no means of communication. “She does not have any form of communication like a cellphone so that might mean we won’t be able to communicate with her,” Dario said.

Opposing the idea of Nchimako waiting for trial outside custody, he said it is trite for the court to lean towards the rule of law. “It is constitutional duty to protect the best interests of children in Botswana as per section 5 as it establishes that the accused should be separated from the victim and not only him but other children,” he said. In closing, he said it is not only in best interests of the victim but also to that of the accused.

“This case has been at public interest and granting her bail might make the public lose interest in the judiciary. But, it is also to protect her when she is denied bail,” Dario submitted. Given an opportunity to cross-examine the IO, Nchimako really had no questions but corrected him in some instances.

“I have a phone I heard him say I do not have one. And I stay at Francistown, you are correct I have no place here in Gaborone,” she said. Regarding suggestions that she might abscond she responded that if she is given a date to appear before court she would see it through that she attends.

Further advancing her reasons, Nchimako said her mother is probably struggling to make ends meet with her children. “I have cjhldren that I have to work for and support them. My mother is not managing,” she said. Presiding Magistrate Nthabiseng Merafe-Olaotse is set to deliver her bail ruling on March 9 and the accused will be further remanded in custody.

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