25 Feb 2015

Principal Magistrate Janet Phosa's ill-health has forced postponement of a ruling on bail application by a quartet accused of robbing Rosherville Cash Loan.

Magistrate Phosa would now deliver the ruling on Friday (February 27).  The accused persons, Evans Mhiwatiwa, 44, of Zimbabwe, Gaofenngwe Seitiso, 34, a Motswana, Thuso Tangomani, 28, also a Motswana and one Moyo who sustained injuries during shootout with police and two others who are still at large are said to have acted together with common purpose to rob Rosherville Investments on January 29 in Kanye.

The shoot-out also culminated in the death of a police officer and one of the suspects. The accused allegedly whisked away P87 064 and a Toyota Allex Registration Number B 267 AZD valuesd at P50 000. 

Assistant Superintendent Olebile told the court that said although substantial progress had been made in terms of getting statements from witnesses, there still remained some grey-areas that needed patching.

He said he was yet to meet with immigration officials from Zimbabwe to verify authenticity of the passport belonging to accused number four which he said looked dubious; something that did not sit well with Defence Attorneys, Monamo of Boko and Company and Sesupo Masaka of Manchwe Masaka Attorneys.

They dismissed as ‘fear’ sentiments by Assistant Superintendent Olebile and questioned his authority in as far as knowledge of passports saying he was not even an expert in that area. 

Earlier on, Detective Assistant Superintendent Olebile’s narration of what transpired on the day of the alleged incident was interjected by Attorney Monamo who felt both the prosecution and the investigating officer were misleading the court. 

He said narration of events as they chronicled during the alleged heist was deviation from the purpose of the February 19 mention. “The investigating officer should focus his story on the reasons we are here which is to update this court on police investigations so far,” he said.

Magistrate Phosa concurred with Mr Monamo that indeed the purpose of the mention was to appraise court on progress made on investigations. Detective Assistant Superintendent Olebile seemed not to heed Defence Attorney Monamo’s advice as he continued to deliberate on events as they transpired on the day of the said robbery.

The defence also shot down move by the prosecution to tender as exhibit, a copy purported to contain information on alleged pending robbery case involving third accused, Thuso Tangomani before Molepolole magistrate court. Attorney Monamo said the document cannot be admissible because it is not certified to indicate its authenticity. 

Directorate of Public Prosecutions Kamogelo Maleke told court that the copy was only a faxed version of the original and that the original will be availed; something the defence did not accede to saying prosecution should come to court well prepared with all the relevant documents at all times. Suspects were remanded in prison until Friday when Principal Magistrate Janet Phosa is expected to make a ruling at 08.30 am. ENDS