19 Jul 2018

Jwaneng Magistrate Mr Odirile Mokgatle has noted a delay in a robbery trial pending the absence of one of the accused 32-year-old Hosiah Timbe of Pitsane, who is on the run.

Timbe and his co- accused Teko Koloane (30) are charged with a single count of robbery.

Appearing for mention on July 18, Koloane, who is currently in custody, pleaded with the court to grant him bail because there has been change of circumstances in the case as the second accused has absconded.

He said the varied bail conditions will allow him to look for witnesses who will assist him in his defence.

Magistrate Mokgatle admitted that the absence of Timbe before court was a delay and has a negative impact on the case, but however noted that the change of circumstances does not work for the co-accused in terms of varying his bail conditions.

He highlighted that the burden was on the prosecution to avail the accused’s witnesses during trial as duty bound
Koloane’s plea was dismissed and his remand warrant extended until August 2, 2018 while the court ordered that the warrant of arrest for Timbe should remain in force.

The duo, together with Samuel Mphefo, who later turned an accomplice witness, allegedly acted together and robbed Johan Nolte money amounting to P60 000, two cell phones valued at P3 500 and assaulted him with a hard object on October 18, 2016 at Mabutsane.

Delivering a ruling on a no case to answer during one of the previous mentions, Magistrate Mokgatle said the first state witness Samuel Mphefo told the court he drove Timbe to Mabutsane where he later dropped him off at an entertainment place.

Mphefo told the court that Timbe later called to pick him and he found him in possession of bags and in the company of Teko Koloane. The witness further revealed that he drove them and they gave him P7 000 cash.

The complainant, Johan Nolte’s testimony, was that on the night of 17 October 2016, he woke up in the middle of the night to see two masked men manhandling him.

He said they tied his hands and feet, held him by his private parts and threatened to crash them if he screamed.

Magistrate Mokgatle further noted that the complainant told the court the accused told him that they had already killed two people in his hood, and should he fail to give them money, they will kill him too. They went away with cash, cheques and cellphones.

Another witness, Edward Orapeleng successfully identified the foot prints at the scene of crime as Koloane’s whom he had hired.

It is also in court’s records that both the accused persons refused to visit the scene of crime, claiming not to know Mabutsane.

Magistrate Mokgatle further said that the prosecution has managed to cover all the elements of robbery and therefore ruled that the duo had a case to answer. ENDS