19 Dec 2021

Principal Magistrate, Ms Lindiwe Makgoro has cautioned the prosecution to stop wasting the court’s time in a the accused has already pleaded guilty to shop breaking.

Ms Makgoro made the warning after the prosecutor from the Directorate on Public Prosecutions, Mr Kabelo Kedikilwe failed to produce the alleged stolen goods before court, citing delays by the police. “Why present a summary of facts and conclude by stating that the suspected stolen goods will be presented before court as evidence knowing that they are not in your possession,” asked Ms Makgoro.

The magistrate adjourned the case to December 29, urging the prosecution to come prepared, as there would be no further postponement.

The accused person, who provided Kabelo Lebakeng as his name, pleaded guilty to all charges during the previous appearance, and therefore court was sitting to hear the agreed summary of the case.

As per summary of facts, court learnt that the accused in the company of others not before court broke into Gaborone CBD Shell Filling Station on April 23, 2021. They are said to have entered through the kitchen window. The accused person also admitted that after entering the said shop, he and others not before court, destroyed CCTV cables and cameras.

He further admitted that after entering the shop, they gained entry into the manager’s office by damaging the door, wherein they blasted the cash safe using makeshift explosives and stole cash amounting to P60 900, being the property of Shell CBD shop.

In addition to the cash, the accused person further admitted that they stole various items in the shop with a total value of P11 112. 85.  He also agreed that he was arrested with others not before court at plot 20082 at Phase 2 location in Gaborone.

He further admitted that while the police were conducting a search at the said house, he was hiding in the ceiling and accidentally fell into the sitting room, after which he introduced himself as Kabelo Lebakeng.

It was revealed to the court that after thorough investigations, and engaging Department of Civil and National Registration to authenticate the identity of the accused person, it turned out the names, Kabelo Lebakeng were fabricated. In fact the accused was an illegal immigrant.

The court was informed that, at the time of his arrest, the accused person was in possession of various items that he admitted he stole from the CBD Shell shop, as well as cash amounting P34 193.10.

Lebakeng confirmed to court that he was aware that his acts and that of others not before court were unlawful and could not be supported by any legal justification.

He also did not object to the prosecution rendering recovered items as exhibits to support their case.

“I agree to stealing items listed in the summary of facts and that I was arrested at Phase 2. I also agree that some of the recovered property, alleged to have been stolen at CBD Shell shop was discovered in my possession.

I know that the act was unlawful and I had no legal justification to substantiate it,” he told the court. Attorney, Mr Lyndon Mothusi represents the accused. ENDS