01 Apr 2025

Francistown Magistrate Court has discharged David Holland after the state withdrew charges against him with liberty to reinstate them.

Holland, a 36-year-old British national was facing four counts of offences being common assault, assault occasioning to body harm, threat to kill to his wife as well as intimidation. He appeared before Francistown Magistrate Court on Monday, where Principal Magistrate Tshepo Magetse was expected to make a ruling on the application by the state prosecutor to conduct the trial virtually.

The State Prosecutor, Mr Gasemotho Pitlagano, initially applied for the court to proceed with the trial virtually as the complainant, being Holland’s wife was not under this jurisdiction and has sought asylum in the UK. However, the defence attorney argued that the application was not properly done as it lacked an affidavit and it was not accompanied by a draft specifying the relief sought.

In his ruling, Principal Magistrate Magetse dismissed the state’s application on grounds that the state failed to provide any evidence that the complainant had sought asylum hence this basis alone, meant that the application could not proceed, as their substantive claim for the defence to respond to. He stated that it was well established that an individual who feared harm or unfair treatment in their own home country had the right to seek refuge in another state under international law.

However, Magetse noted that the application before the court failed to provide any evidence regarding when, why and how the complainant sought asylum in the UK, if indeed she did, adding that no evidence had been presented to substantiate this claim. He highlighted that as matters stood, trial was scheduled for March 7, 2025, but it could not proceed due to the complainant’s absence.

He also mentioned that the matter was set to proceed again Monday but having checked with the litigants, the complainant had not availed herself again for her own case. Magistrate Magetse also noted that the court took that as an indication of her lack of interest in the proceedings hence no more dates would be availed to her.

He added that in such a case, the state must take the necessary steps to prevent the defence from rightfully invoking its legal remedies. He further stated that the two lost trial days could have been effectively utilised by another deserving litigant.

Furthermore, Magistrate Magetse said the court aspired to deliver swift justice for those actively seeking it, therefore it was unfair for other justice seeking parties to be kept waiting due to non-appearance of those who show no willingness to avail themselves before the court. ENDS