19 Sep 2022

Broadhurst Magistrate Court will next week Monday deliver a ruling over the disputed CCTV footage alleged to have captured a robbery incident involving a G4S cash-in-transit vehicle at Turn Rite Mall, along Gabane road.

The duo of defence attorney, Mr Olehile Manchwe and Mr Nkosana Ngwenya objected to the prosecution’s request on Friday  for a witness to play, identify and tender a video footage alleged to have captured the October 13, 2021 over P2.3 million robbery incident.

As such, Magistrate Goabaone Rammapudi-Lesedi will make a ruling in relation to the CCTV footage objection on September 26. 

Ms Rammapudi-Lesedi has also ordered the prosecution to furnish the defence attorneys with the statement of Mr Moabi Molosankwe, who is listed as prosecution witness and was believed to have played a primary role in extracting the contested CCTV footage.

The debate ensued when the prosecution witness, Detective Superintendent Joseph Ramarea was on the witness box giving evidence in chief in relation to the purported video footage. 

Detective Ramarea, who is a police officer under the Criminal Records Bureau, had prior to the objection by the defence told the court that he received a Savingram from Mogoditshane police requesting for his assistance in relation to a matter that was under investigation, therefore requesting his expertise to extract a CCTV footage from an FNB ATM at Turn Rite Mall.

Detective Ramarea told the court that he holds a Bachelor of Science in Information Technology, therefore supported crime investigators in matters where CCTV footages were required as part of evidence. 

Mr Ramarea said on October 29, 2021, accompanied by an Information Technology expert, Mr Moabi Molosankwe from Hibrid Security, a company that was the custodian of the CCTV cameras and one Ms Masego Masetlane, an FNBB employee, also who was also an expert in CCTV cameras from the bank, extracted the requested CCTV footage relating to a robbery that was under investigation.

On that day, Detective Supt. Ramarea said the Hibrid Security CCTV operator retrieved the requested footage from the ATM CCTV camera, copied it into a USB memory stick and gave it to him. 

“I made copies of the footage, handed one to the investigating team and the other one is in my possession and I will present it here in court,” said Detective Supt Ramarea.

At that juncture, prosecutor Mr Farayi Mahwite asked the court to allow the witness to play the said video footage before submitting it to court as part of his evidence, a request that was vehemently objected to by the defence attorneys.

“We object to the identification and tendering of the CCTV footage. 

The witness is on record that he was present during the retrieval of the video. 

He did not say that he was the one who retrieved the video footage from the camera. 

My understanding of the rules is that such a video footage has to be authenticated before being admitted as evidence before court,” argued Mr Manchwe.

He argued that if he was not the one who extracted the footage, he was in no position to vouch for its authenticity, adding, ‘he is merely a witness of fact, who observed a video footage being extracted by Mr Molosankwe. 

That is the only thing that he is supposed to say to this court,” said Mr Manchwe.

Mr Manchwe said the defence was not contesting relevance of the video footage and the expertise of the witness. 

“Our objection is premised on that the witness has testified that he did not employ his expertise in retrieval of the video but rather watched another expert do such. 

Therefore he can only speak to what he saw being done by the other expert. 

The video was said to have been retrieved using a USB memory stick. 

There is no memory stick presented before this court. 

The video to be played must be in a memory stick,” said Mr Manchwe.

The defence further indicated that though the trial was ongoing, prosecution had not furnished them with all the necessary material relating to the case for them to fully prepare the defence case.

Another defence attorney, Mr Ngwenya revealed that the court was currently debating an issue relating to a video that was said to have been retrieved by Mr Molosankwe and surprisingly the defence was never furnished with his statement though he was listed as one of the prosecution witnesses. 

Therefore, Mr Ngwenya said the prosecution was literally playing an ambush game, therefore the court must act accordingly.

“I associate myself with my counterpart’s objection. 

In the absence of the said memory stick, we plead with the court not to allow the prosecution to play a video that is contained not in the original gadget that was used to extract it from the CCTV camera,” Mr Ngwenya said.

However, Mr Mahwite said the objection did not have substance since the witness was to speak to a video that was extracted in his presence and had been under his custody since then. 

“I wonder if we are wrong in procedure or it is only that the defence attorneys do not want the video to see the light of day,” said Mr Mahwite.

Prior to Detective Ramarea stepping into the witness box, Ms Masetlane, ATM operator at FNBB, had told the court that she was responsible for the overall operations of ATMs that involved extracting CCTV footages and order cash for loading at FNBB ATMs.

Ms Masetlane said on October 16, 2021 she was requested by Mr Mogopodi Keaobaka of Forensic Unit at FNBB to extract a CCTV footage from an FNBB ATM at Turn Rite Mall for October 13, 2021 between 10:30 and 10:43 hours.

Again, Ms Masetlane said on October 29, 2021 she was called to the same site by Mr Ramarea, a police officer to assist in extracting the same footage. 

Ms Masetlane said it was only her and the Hibrid Security Company technician who were given access to the CCTV cameras at FNBB ATMs.

While Detective Ramarea said the footage was extracted by Mr Molosankwe, Ms Masetlane said Mr Molosankwe only facilitated the process since he had the password to the camera while Mr Ramarea was the one who extracted the footage.

“I do not view the footages prior to extracting them. 

All I do is to cut the footage as per the request and hand it over to the forensic unit. 

I cannot even tell if the two CCTV footages were identical,” said Ms Masetlane.

Mothusi Matomela, Thapelo Lekobe, Mzwandile Mazibuko and Ntholephi Elliot 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 Rite Mall, along Gabane road.

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