Molepolole Magistrate, Kefilwe Resheng, has dismissed the infamous Kumakwane cash heist case that was registered before her court last year October.
The dismissal follows a warning issued by the magistrate at the January mention that she was giving the state until February 26th to wrap up the heist investigations.
Although the state indicated that they had managed to arrest the fourth accused, 29-year-old Zwebangwe Ngoyi Montshiwa of Magapatona ward in Tutume, the magistrate did not give them a chance to arraign the suspect and dismissed the case while police officers were still on their way escorting Montshiwa from Lobatse prison.
The magistrate who seemed unhappy at prosecutor, Inspector Future Modisadife’s request to have Montshiwa remanded said it was difficult to remand someone she had never seen.
“No, please, no I don’t know how you want me to express myself. What business does this court have in your case? Why should the court be party to justice being flaunted. It’s wrong, I will not be a party to it. I told you before. Go and investigate your matter, finish whatever investigations you need to do. I will be here when you register your case so that I give you dates for final case management and trial,” quipped Resheng who advised Modisadife to apply for final case management conference and trial.
Montshiwa is said to have been remanded before the Regional Magistrates’ Court on February 15th as Molepolole Magistrates’ Court was still temporarily closed due to a Covid-19 reported case.
The defence attorney ,Olehile Manchwe representing the late 44-year-old Nkgopoleng Mogopolo Kolagano and Bonolo Brian Mokgethise, 39, of Tsholofelo East in Gaborone, told the court in shock that he was not aware of Montshiwa’s arrest.
Both Mokgethise and Kenneth Motshwana aged 32 were arrested last year December and were granted bail after their first arraignment.
Kolagano who recently passed away on January 21st was arrested on the day of the heist, 27th October, allegedly found with P298, 000 in his car.
He is one of six men suspected to be behind the armed robbery of a Security Systems van that was transporting money from Gaborone to Ghanzi.
Kolagano, Mokgethise, Motshwana and Montshiwa together with two others still at large- on October 27th, 2020, at Kumakwane village and armed with rifles, allegedly robbed Oarabile Jeff Koloka, Mosotho Fagolethata Olaetse, Mosimane Keborate and Gadibotsane Motlhasedi, being security guards for Security Systems the sum of P5,010 000.00.
The state appears to be confused about the figure of the stolen money and the number of accused as when the matter was registered the amount was said to be P5,010 000.00 with nine suspects involved and during the last mention they reduced the figure to P3, 700, 000 on allegations that some of the money was delivered to its designated drop-off points before the thieves hit.
Suprisingly the new charge sheet that includes Montshiwa stated the old figure and indicates that six suspects were involved in the robbery.
However, Manchwe earlier on applied that a cellphone and the amount of P3 500 which were unlawfully seized from Mokgethise be returned to him as it was not part of the alleged robbery and that all property, including money claimed from the deceased, be returned.
Inspector Modisadife opposed the application arguing that the money seized from the deceased will form part of the exhibits during trial while the money ceased from Mokgethise has already been returned.
Manchwe further argued that the matter be dismissed before court, describing the act as lack of kindness and good faith by the prosecution’s failure to progress the matter despite given more than ample opportunity to do their investigations.
Before dismissing the matter, Magistrate Resheng ordered that the amount of P5 000.00 cash that was paid for Kolagano’s bail by Gaone Motshwana be returned to her.