26 Jan 2014

Chief Magistrate Faith Dlamini-N’gandu of Molepolole has ordered that a trial in which five people are accused of robbing Horizon Deep Night Club in Mmankgodi be separated.

This ruling came after the state prosecutor, Tshepo Magetse of Directorate for Public Prosecutions applied for the same saying the other accused, Justice Leso (38) was still unfit to continue with the trial.

Chief Magistrate Dlamini-N’gandu said the ailing accused shall be prosecuted at a later stage when he is healthy and that he be withdrawn from the matter and that his case be registered again at a later stage.

Leso missed court sessions on medical grounds since September 2013 and this has delayed the trial. The other four, Mothibedi Motoloki (35), Mothusi Popego (31) and Malefo Ikalefeng (36) and Lindy Pheresi are accused of stealing over P20 000, a music mixture valued at P3 000 and airtime vouchers worth close to P3 000 in September 2012.

The prosecution brought two witnesses to continue trial. In her testimony, 25-year-old Gabalape Sanda of Mmankgodi said on September 5 2012, the police came with four men and a woman to the club but, amongst them, she knew only two, Pheresi and Leso.

She said the police then told her and the other club employee who was there that they brought the accused persons so that they demonstrate how they robbed the club.

“Motoloki then told us that they entered the club office and tied one of the employees, Lebogang Seonyatseng to the chair and asked her who she was with, and she said, Pheresi. They said they pulled her to the office,” Sanda testified.

Sanda further testified that, Motoloki then said they took the money that was on table and sped to the car that was driven by Ikalafeng who was waiting by the kgotla.

During cross-examination, Motoloki asked Sanda if she was positive about who said what during that day when they were with the police at the club. Sanda repeated herself and said that the accused persons said they came for demonstration on how they conducted the robbery.

Motoloki then said it was Pheresi who related to the police how they robbed the club. “I put it to you that I have never demonstrated anything to the police because during the day of the robbery, I was in Molepolole,” Motoloki said.

For his part, Popego also said he never said anything but, that it was Pheresi who demonstrated how the robbery was carried out and he too, claimed alibi.

Pheresi concurred that she was the one who demonstrated to the police but, said she did not know the culprits.  Ikalafeng, when it was his turn to cross examine, asked Sanda if he knew him and whether she was sure about the evidence she just gave the court. Sanda answered that she told the truth and that she only knew Ikalafeng by virtue of having seen her.

The second state witness, 42-year-old Kagiso Ditau Pitso from Mmakgodi testified that he only knew Pheresi and Leso as they were his neighbors and also that she has seen Motoloki before. Mr Pitso told the court that on September 3, 2012 at about 0800am, Motoloki came to his compound asking for directions to Pheresi’s place, which he showed him.

He went on to say that he saw Motoloki meeting Leso by the fire place and they both went inside Pheresi’s house and later came out with a black schoolbag.

“I later went to Olebogeng’s place and on my way back, I saw a group of people gathered at Deep Horizon. I went there only to find Lebogang tied to the chair. I asked her to describe the robbers and she described the clothes that Motoloki was wearing when he asked me for the directions,” Mr Pitsosaid.

Motoloki then asked the court to order that the clothes that were taken from him by the police be presented before court, saying that they differed with those that the witness described.

The prosecution did not object to his application but, stated that they did not bring the said clothes, as their evidence did not rely much on them. Pheresi, Popego and Ikalafeng admitted Mr Pitso’s evidence.  ENDS