‘State not serious about this prosecution’ – Defence bemoans delay in Agnes Setshwantsho case

The defence is displeased with delays following another postponement in the case against alleged insurance fraud killer Agnes Segomotsi Setshwantsho.

Setshwantsho returned to the Molopo Magistrate’s Court in Mahikeng, North West, on Wednesday, following her previous court appearance on 28 March.

She has been charged with murder, two counts of fraud and one of defeating the ends of justice for allegedly killing her niece, Bonolo Modiseemang, over a R3 million life cover policy.

The accused is currently in custody after she was denied bail on 19 January.

Murder case delayed

On Wednesday, Setshwantsho was anticipating a decision regarding the transfer of her case to the North West High Court in Mahikeng.

However, the matter was further delayed after state prosecutor Dalton Tshinyane requested a postponement for further investigations.

The accused’s lawyer, Nhlanhla Mahlangu bemoaned the delay.

“[The state] has not taken this court into confidence to say they have commenced with the request to the high court,” he said during proceedings.

The court was informed that the state was yet to finalise merging the charges against Setshwantsho for her trial to sit in the same court.

ALSO READ: ‘Insurance fraud killer’ Agnes Segomotsi Setshwantsho denied bail

Her other murder charge is linked to the death of her son, Kutlo. The case is before the Kuruman Magistrate’s Court in Northern Cape.

It is alleged that the accused took out R3 million life policy for her son.

“The issue of the centralisation of these matters is not new before this honourable court. It was submitted on the previous occasion in March already that the state intends to start that process.

“I would have expected [the state] to at least take this honourable court into confidence and say even though investigations are incomplete… we have, however, started [discussions] with our colleagues in Northern Cape, so that [when] investigations are completed [and] the indictment has been finalised, it just then becomes an issue of crossing the t’s and dotting the i’s [before] we get to the high court in Mahikeng.

“But they are not saying that, what they are saying is that they are not ready,” Mahlangu argued.

Watch the proceedings below:

ALLEGED INSURANCE KILLER AGNES SETSHWANTSHO IN COURT https://t.co/ukm2gdJYQ3

— Newzroom Afrika (@Newzroom405) May 22, 2024

Fair and speed trial

The defence lawyer rejected the proposed two-month postponement, saying it was “unnecessary” and “unjustified”.

“What they seem to forget is that Ms Setshwantsho is in custody and it’s convenient for them that she is in custody because it speaks to this picture they want to portray in the public space. It feeds into the excitement that has been created around this matter.”

READ MORE: Defence says one murder charge can’t be modus operandi as ‘insurance fraud killer’ sobs in court

He added: “They claim that it is a high-profile case, but nothing about their conduct suggests high-profile. Nothing in their conduct suggests that they are serious about this prosecution.”

The case was postponed to 27 June by Magistrate Gert Pretorius.

Pretorius found that a two-month postponement was “too long in that it will impact negatively the accused’s right to a fair and speedy trial”.

Agnes Setshwantsho’s fraud charge

Setshwantsho, who suffers from high cholesterol and type 2 diabetes, is facing a fraud charge in the Setlagole District Court, where she was also refused bail.

“[The state] said the case in Setlagole is a slam dunk. It’s a done deal matter; the accused is guilty so it’s just a question of formality. I’m saying to this court that the case will be withdrawn on the next court appearance. It’s on record,” Mahlangu said on Wednesday.

The accused is also being investigated by the South African Police Service (Saps) for the deaths of her brother, husband, and two daughters.

Last month, the North West police confirmed that the remains of Setshwantsho’s husband was exhumed.

An autopsy will determine the cause of his death.

NOW READ: ‘List of addresses, new passport’ – NPA insists ‘insurance fraud killer’ is a flight risk