26 May 2025

The sole survivor of the Phase II shout-out, which led to the demise of 10 cash-in-transit robbery suspects, Tsaone Tshegofatso Reboeleng has been acquitted and discharged.

Chief Magistrate Ms Kamogelo Mmesi of Extension II Magistrate acquitted Reboeleng on Monday morning, following a previous application by her attorney at the end of the state case, Mr Kgosietsile Ngakayagae that the court should rule that she had no case to answer. When delivering her ruling, Magistrate Mmesi said the state failed to provide evidence linking the accused person to the commission of the crime, either circumstantial or direct.

“In conclusion, I find it safe to uphold the defence submission of no case to answer in terms of section 180 (3) of the Criminal Procedure and Evidence Act and will enter a verdict of not guilty,” she said, adding that the accused was therefore discharged and acquitted of the offence of robbery.

The magistrate said the evidence for the prosecution at the close of their case did not establish facts that were consistent such that an inference could be drawn from them that the accused participated in the commission of the offence.

“It is trite law as has been stated in a number of decided cases that when a conviction is to be based on circumstantial evidence solely, then there should not be a break in the chain of circumstances. If there is a break in the chain, the accused person is then entitled to benefit of doubt,” she said.

The magistrate said the prosecution at the end of its case failed to establish that the Mazda Demio vehicle used during the crime was hired on behalf of the accused person. Also, she said there was no evidence to link the accused person to another vehicle, BMW which was used in the robbery as gateway car, and that the accused was not found at the crime scene. As for another vehicle, Mercedes Benz, which was rented by one Phatsimo Reboeleng, the magistrate said there was no evidence that the said vehicle was rented on behalf of the accused person.

“The fact that the Mercedes Benz was later found at the accused person’s place does not point toward her guilt”.

As for the accused having rented a house on February 3, 2022 in which the 10 suspects were followed and killed on February 23, 2022 which the prosecution had argued it was used as a hide out after the commission of the crime, Ms Mmesi said the prosecution failed to prove that before the robbery, the 10 deceased suspects were seen at the house planning the robbery and the accused part of them.

She said the prosecution evidence was only that the box containing the robbery money was traced to the house rented by the accused person and where the money was recovered, but she said there was no witness who testified as to what was the accused person’s explanation upon being found in the same house with the 10 suspects, adding that no money was found in her possession. Reboeleng was charged with a single count of robbery.

She was alleged to had on or about 23 February 23, 2022, at or near Main Mall in Gaborone acting jointly and with common purpose, robbed Security Systems cash-in-transit crew of cash amounting to P986 470, and at or immediately before the time of such robbery, used personal violence. In her ruling, Magistrate Mmesi also ordered that sum of P986 470 robbed from the Security Systems cash-in-transit crew be restored to the lawful owner, and any other exhibits forfeited to the state. ENDS