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I was ordered to handover pistol - witness

13 Sep 2022

Prosecution witness, in the G4S P2.3 million cash in transit armed robbery trial, Inspector Kube Molwane says he acceded to the commands to hand over his official pistol, a cellphone and car keys, uttered by a man who approached him while he was on duty at Turn Right Mall.

Giving evidence in chief at the ongoing trial at Broadhurst Magistrate Court on September 12, Tlokweng-based Insp. Molwane, said while on duty escorting the cash in transit G4S van that was transporting cash to be deposited at Turn Right Mall ATM and other localities, on October 13, 2021, he had an encounter with an unknown man, who demanded his official pistol.

He identified the perpetrator who forcefully seized his official pistol as the fourth accused person, Ntholephi Ntshalintshali. 

He said when Ntshalintshali approached, he was still seated inside the vehicle and did not resist his orders.

Insp. Molwane said after getting hold of the pistol, Ntshalintshali stood guard and only moved away after his partners in the robbery had loaded all the cash into a Toyota Fortuner, which was used to flee the scene of the crime.

The witness further revealed that at the time when he surrendered his official pistol to the accused person (Ntshalintshali), it was loaded with eight rounds of live bullets. He said the other man, whom he identified as the second accused person (Thapelo Lekobe), had on the other hand, instructed his colleague to surrender the official AK47 rifle.

Under cross examination by the attorney for the first and second accused persons, Mr Olehile Manchwe, Insp. Molwane revealed that prior to identifying the two accused persons on the dock, he had two previous encounters with them, being at the time of the robbery and after their arrest when they were brought to the crime scene.

He said he could not recall whether the accused persons were wearing masks or not. Insp. Molwane, who revealed that he had been a police officer for 25 years under general duties, further revealed that at the time of recording the statement, the events of the robbery incident were still fresh in his mind.

Though he wrote in his statement that he only saw the second and fourth accused persons once prior to identifying them in court, Insp. Molwane said he had omitted his second encounter with the second and fourth accused persons.

He also concurred with Mr Manchwe that his statement must be a record of all the material factors relating to the incident. The defence attorney had put it to him that whatever he had mentioned in court, which was not captured in the statement, would be an afterthought. Mr Manchwe said as an eye witness, Insp. Molwane was supposed to put all what he saw on that day on record in order for the court to arrive at an informed and fair decision.

The witness also concurred with the defence attorney that he read newspapers, though not regularly, and that he was also on social media and used it to keep abreast with current affairs. 

However, he said though he was not following the proceedings of the ongoing case on social media, he did recall seeing the faces of the second and fourth accused persons on such platforms either.

Responding to cross examination by the attorney for the third and fourth accused persons, Mr Nkosana Ngwenya, the prosecution witness revealed that he saw the faces of the accused persons, contradicting his earlier statement when giving evidence in chief where he said he did not recall whether the accused persons’ faces were covered or not.

Mr Nkosana said it was clear that the witness could not tell the court what he saw on the day in question, therefore, the witness cannot dispute what was being put to him that the second and fourth accused persons were never involved in the robbery and that he never saw them as he was unable to remember whether they were wearing masks or not.

Mothusi Alfred Matomela, Lekobe, Mzwandile Mazibuko and Ntshalintshali are charged with armed robbery, unlawful possession of fire arm, unlawful possession of ammunition, and possession of goods stolen outside the country.

On the first count of armed robbery, the four accused persons acting together and in consent, armed with pistols and rifles robbed G4S Security Company cash amounting to P2 310 000, an AK47 rifle and a pistol on October 13, 2021 at Turn Right Mall, along Gabane road.

South African nationals Mazibuko and Ntshalintshali, are also facing another count of entering Botswana through an ungazetted point.

The prosecution is represented by Mr Farayi Mahwite and the matter is before Magistrate Goabaone Rammapudi-Lesedi. The trial continues Thursday. Ends

Source : BOPA

Author : Moshe Galeragwe

Location : GABORONE

Event : Court Case

Date : 13 Sep 2022