Murder accused Agnes Segomotsi Setshwantsho appeared in the Molopo Magistrate's Court on 12 January 2024. Picture: Screenshot / Newzroom Afrika
Alleged insurance fraud killer Agnes Segomotsi Setshwantsho will remain behind bars after she was denied bail.
On Friday, the Molopo Magistrate’s Court in North West delivered its judgment, dismissing Setshwantsho’s bail application.
She is accused of murdering her family members for insurance payouts and faces a charge each of murder and defeating the ends of justice, and two counts of fraud.
During the bail proceedings, state prosecutor Dalton Tshinyane argued Setshwantsho’s release on bail would undermine the administration of justice because she is a flight risk.
Tshinyane revealed the accused had family in Botswana so there was a possibility of her evading trial.
According to investigating officer Keshi Mabunda, Setshwantsho has a history of not cooperating with the police.
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Setshwantsho, who is the beneficiary of at least 40 separate insurance policies through members of her extended family, also has a previous conviction of assault with intent to cause grievous bodily harm (GBH) from more than 20 years ago.
The defence, however, argued that the accused remaining in custody at the Mahikeng Correctional Centre would affect her health, as she was suffering from chronic high cholesterol and type 2 diabetes.
Before delivering his judgment, Magistrate Duane Spandiel went through both the state and defence’s arguments.
Spandiel noted the contradiction between Setshwantsho’s affidavit and her legal representative’s admission in court about her criminal history.
She denied having any previous convictions.
“The accused has a pending matter at the Setlagole District Court, one of fraud and she intends to apply for bail on January 26 2024. Further information in that matter is not known to the court,” the magistrate said.
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The presiding officer also noted that the accused has two residential addresses as well as two passports, one of which has expired.
“The new passport was issued on the 28 of August 2023, approximately five months after the expiration of the first passport.”
Spandiel said in determining whether to grant bail, the court had to find balance between the importance of freedom and the interest of justice taking into account whether the accused would evade trial or interfere with police investigations and state witness.
He highlighted that the court also considered the period in which Setshwantsho has been in custody and the financial implications of her detention as well as her medical condition.
The magistrate rejected her lawyer, Nhlanhla Mahlangu’s claims that he was blocked from consulting with his client where she is in detained.
Mahlangu argued that this may lead to an unfair trial due to lack of preparation.
“The main grievance that the defence is lying on is that they need t get permission of the investigating office when it comes to consultation or getting access to the accused at the correctional facility.
“Now that is absolutely absurd in a sense that no legal representative need the consent of the investigating officer in order to consult with his or her client,” the presiding officer said.
Spandiel said “it came to the court’s surprise” that Setshwantsho only informed the police that she required insulin after her arrest and detention.
“However, in conclusion by taking into account all the evidence placed before me, this court’s order is that the accused failed to discharge her illness proving that exceptional circumstances exist to permit her released.”
The magistrate pointed out that medication was “readily available” for the accused at the Mahikeng prison.
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He agreed with the state that Setshwantsho was a flight risk and that she knew the identities of the witnesses the state intends to call during the trial.
“She also knows why they might come and testify against her and the possibility do exist that the accused might unduly influence, intimidate or threaten them.
“This also counts for the circumstances of the Setlagole matter. Taken into account all of the above, this court is satisfied that the accused is not a suitable candidate to be released on bail and bail is accordingly refused,” Spandiel ruled.
The case has been postponed to 28 March for further investigations.
Setshwantsho was charged with connection to the death of her niece, Bonolo Modiseemang.
Investigations revealed that Modiseemang died due to poisoning.
Her death had initially been declared as a result of “natural causes”, but was later found that Setshwantsho allegedly “colluded with a medical practitioner”.
The victim fell ill after eating a sandwich allegedly given to her by the accused in August 2022.
It has been alleged that the accused fraudulently took out a R3 million life policy on Modiseemang six months before her passing.
The South African Police Service (Saps) is also investigating Setshwantsho for the mysterious deaths of her husband, two daughters, son and brother.
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