19 Sep 2022

Isaac Molale, the first of the seven accused persons in the robbery of Goodhope Police station has been granted conditional bail binding him with P15 000 and to provide two adult citizen sureties binding themselves with P6 000 each. Second applicant, Leatile  Modise was also granted cash bail of P5 000 and must provide two adult citizen sureties, binding themselves with P2 500 each.

Delivering the bail ruling on Thursday, Principal Magistrate, Mr Gofaone Morweng said the duo should not commit any offence while on bail, attend court as and when required to do so, further report themselves to the nearest police station between the hours of 0730am and 1630pm on Fridays and surrender their travelling documents to the investigating officer.

Five other applicants, Mogomotsi Thupane, Ronnie Sanana, Thulani Mthembu, Jabu Shabangu and Pedito Sipho Mathangana were denied bail and are remanded in custody. The case will mention on October 4 this year for status hearing.

Giving a background on the case, Mr Morweng said the case first came to his court on July 5 for arraignment of the duo of Molale and Modise and later for mention on August 18 after the arrest of the other five suspects. He said the prosecution provided reasons which were against granting accused persons while the accused persons did oral affidavits requesting for bail.

The magistrate said the prosecution had reasonable suspicion that the seven applicants were complicit in a robbery at Good Hope Police station where different types of arms and ammunition were stolen.

Opposing the first applicant’s bail request, Mr Morweng said the prosecution has averred in an affidavit provided by the Investigating Officer that he aided other accused persons to enter illegally into Botswana and that he was likely to flee to Mafikeng. However, Mr Morweng said he shared sentiments with applicant’s attorney that the averment was insufficient and fell short of giving the basis for linking him with any other criminal associates in Mafikeng.

As for the third applicant, he said the prosecution has averred that he had volunteered names of other suspects who were yet to be arrested and that his cellphone was still under forensic examination.  Mr Morweng said the prosecution affidavit did not oppose the second applicant (Modise) bail application. Together with the fourth applicant (Thupane), Mr Morweng said Modise was reported to have another robbery case registered before Francistown Magistrate Court. 

“In addition they have another unlawful possession of firearms and theft of motor vehicle registered at Extension II Magistrate Court in Gaborone,” said Mr Morweng.

Court also indicated that Sanana moved his own bail application pleading that he would not interfere with police investigations and that the prosecution did not prescribe the time frame for the conclusion of their investigations. Additionally, he pleaded for his liberation on the account that he was nursing an injury.

However, Mr Morweng said it was common cause that the duo of Thupane and Sanana were facing another charge of robbery before another court and the particular charge was similar to the one before the Lobatse Magistrate Court.“There is no doubt that aggravated robbery attracts a minimum mandatory term of imprisonment of 10 years.

The two are faced with the possibility of serving cumulatively longer imprisonment terms if they were to be convicted in any of the cases. For that I am of the view that this could be an inducement for them to avoid standing trial. Furthermore, I find that it is in the interest of the proper administration of justice that they be denied bail,” he said.

As for applicants five, six and seven (Mthembu, Shabangu and Mathangana), the magistrate said they were foreigners and further they were facing charges of unlawful possession of firearms, theft of motor vehicle and entering Botswana through ungazetted point of entry. He further said they did not have traceable addressed in the country, nor did they have travelling documents and therefore were flight risk.

Therefore, Mr Morweng said the prosecution will suffer prejudice, if the trio were to be granted bail, and further said the prosecution’s affidavit has revealed that the arms and ammunition which were subject of the current charge were arms of war of which only a few have been recovered.

The accused persons Molale (36), Modise (25), Thupane (39), Sanana (42), Mthembu (33), Shabangu (26) and Mathangana (26), on or about June 28, 2022 at Goodhope Police Station acting together and in concert are alleged to have stolen firearms and live rounds of ammunition with a cumulative value of P193 550, being the property of government. ENDS