The court heard that Nthoiwa was arrested carrying dagga weighing 44.1 grams at Bluetown and pleaded not guilty to the offence.Senior Magistrate Kgololesego Segabo said the case took a long time pending trial as the prosecution awaited subpoena papers from the police. He noted that while the prosecution sent subpoena papers to the police on September 20, 2012, the law enforcement agency is yet to return them.

"I am aware that it was the first time for the prosecution to postpone trial but failure of police to bring subpoena papers before court for such a long time is unfair to the accused person," said Segabo.He further noted that the defence has argued that it's client has to be set free because investigations were taking long to be concluded.  "It is simple. There are no witnesses in this case and the accused person has the right to justice. There is no way we can still say he has a case to answer while it is taking such a long time to secure witnesses," he ruled.

In another case, Mogomotsi Matlhare of Block One, Francistown who is facing a single count of robbery, was granted bail despite the prosecution's application to the contrary.Segabo said Matlhare's case is pending without trial because he absconded on September 24, 2012 only to appear on Tuesday.

When asked where he was during trial, Matlhare explained that he was in Court 5 where he knew to always attend his trial sessions."You attended two mentions of your case in this court (Court 2) and I am surprised as to why you went to Court 5 on that day," said Segabo.

"Since today you came on your own without being followed, I give you the benefit of the doubt. You might have been mistaken but this is your last chance," he said.He advised the accused that he will be duly informed well in time if there is a change of schedule.

"Do not ever abscond from court, and let me remind you that you should always come to court when needed. I do not like someone who does not take court seriously," he said.Segabo reminded the accused that he failed to attend court on two different occasions.The next mention will be on December 4. The magistrate warned him to honour the date lest his bail is withdrawn.

Sauce