State loses as sole mass shooting survivor walks

Sharon Mathala - Larona Makhaiza | Wednesday May 28, 2025 09:50

Extension 2 Chief Magistrate Kamogelo Mmesi cited 'flawed investigations' and 'procedural irregularities' led to the State failing to secure a basis to prosecute the only survivor in the Phase 2 mass shooting that captivated the nation.

Mmesi added that the State fell short in proving beyond reasonable doubt that Tsaone Reboeleng had a case to answer.

Reboeleng was facing criminal charges following the foiled robbery targeted at a cash in transit (CIT) Security Systems vehicle at Gaborone's Main Mall.

The vehicle was, at the time of the heist, servicing Bank of Baroda. Later, the police entered into evidence money recovered at the scene of the shootout – out of the stolen P986,470, only P120 was unaccounted for.

The judgment comes after defence attorney, Kgosi Ngakaagae, successfully argued that Reboeleng had no case to answer. Ngakaagae noted that there were inconsistencies with the witness statements, ballistic report, and alleged evidence that put his client at the crime scene.

Magistrate Mmesi in her strongly-worded ruling encapsulating 35 pages cited that 'investigations were half-baked'.

She said the circumstantial evidence adduced by the prosecution did not by any thread link the accused to the crime. “The question is, has the prosecution proved beyond reasonable doubt that she is linked to the crime? I do agree that evidence against her is circumstantial, and no money was found in her possession,” Mmesi said.

The State has based their case on the fact that Reboeleng was the one who rented the ‘hideout’ house in Phase 2, and that some of the vehicles used during the commission of the offence were somehow linked to her.

To make matters worse for the State, they failed to call the law enforcement officers who were first to arrive at the scene after they received a tip-off, of where the suspects had fled to after the chase.

“These officers were the ones better placed to explain to the court what explanation the accused person gave after she was found in the same house with the suspects,” the magistrate noted in her judgment.

She added: “None of them were called to come and testify, and the prosecution has not furnished the court with any explanation as to why the officers who arrived at the scene first and witnessed the shooting of the 10 suspects and those who took away the accused person from the scene were not called to come and testify.”

Mmesi further punched holes in the State’s case indicating that none of the witnesses brought forward by the prosecution could point out that the accused was involved in the shootout.

“All that the court has here is imaginary possibilities that the court cannot rely upon to secure a conviction,” Mmesi said.

In addition, the Magistrate elaborated that no one saw Reboeleng at the crime scene (Main Mall), which would have implicated her in the matter. “Even if for argument’s sake, the court was to agree with the prosecution that the accused was at Main Mall on the day of the incident, none of the prosecution witnesses ever mentioned a woman being part of the men who robbed the (CIT) van,” the judgment further reads.

On the two rented vehicles believed to be the gateway cars in the robbery found at her rented house, Magistrate Mmesi said the evidence too was not enough.

“Prosecution said a sky blue Mazda Demio used in the robbery was at her house, but how many sky blue Mazda Demios are there in Gaborone? No evidence was recorded of the plate number,” she said.

With the Mercedes Benz found at the accused’s rented house, Mmesi said the State was looking in the wrong direction but should have focused on her relative.

“That Mercedes Benz was rented by Phatsimo Reboeleng. The accused does not look like Phatsimo though I am no expert, so an inference cannot be drawn from this,” she said further adding that the State should have called Phatsimo to testify.

In the end, the Magistrate acquitted and discharged Reboeleng and further ordered that the recovered money be transferred and the P986,470 be returned to rightful owner Podder Investments.

Both the State and Reboeleng have the right to appeal the judgment at the High Court within 14 days. The Monitor team tried to engage Reboeleng after court proceedings but she opted to remain silent.

The matter emanates from a report received by the police at around 10am on February 23, 2022, of a possible robbery. Minutes later, the Main Mall was brought to a standstill as armed robbers dramatically hit Bank of Baroda, causing a commotion and traffic congestion as they fled the scene in a getaway car.

Soon after, the police received a tip off that the alleged suspects were hiding at a house in Phase 2. The police and other law enforcement agents surrounded the house for hours before gunfire was exchanged between the authorities and the suspected robbers.

During the incident, 10 male suspects died whilst only one female survived the shootout and was taken into custody.