More charges likely in DIS agent Choppies 'robbery' case
Lebogang Mosikare | Friday August 14, 2020 12:58
The agent, Derrick Masukula, 41, and his alleged accomplices, Mogomotsi Thupane, 37, Aaron Sanana, 40, and Thato Moatshe, 31, failed when they applied for bail before Chief Magistrate Faith Dlamini-Nga’ndu on Tuesday.
The State alleges that the quartet robbed Choppies Supermarket along Haskins Street money amounting to P181, 180, 35 using a pistol and knife on August 1.
During the robbery, the State further alleges that the accused also stole Botswana Telecommunications (BTC) Subscriber Identification Module (SIM) cards worth P80 and Mascom SIM cards worth P80.
The quartet allegedly used violence on some Choppies employees in the process of committing the offence.
In the second count, the four are charged with malicious damage to property. The particulars of the offence are that the accused destroyed two doors valued at P4, 000 belonging to Choppies still on August 1.
The prosecution also stated that it was yet to arrest two more suspects in the matter who were still on the run then.
Speaking to Mmegi on condition of anonymity after the quartet was denied bail, the source said that the police were going to investigate if the accused were legally permitted to be in possession of the firearm and ammunition that they allegedly used to commit the offence.
The source cited Section 85 (2) of Botswana’s Penal Code which reads: “Any person who consorts with, or is found in the company of, another person who, in
contravention of subsection (1), is carrying or has in his possession or under his control any firearm or other offensive weapon, or any ammunition, incendiary material or explosive, in circumstances which raise a reasonable presumption that he intends to act or has recently acted with such other person in a manner or for a purpose prejudicial to public order, is guilty of an offence and is liable to imprisonment for a term not exceeding five years”.
The State prosecutor, Sesafeleng Dijeng made an application for the accused to be remanded in custody. She called the Investigations Officer (IO) Detective Sergeant Batisani Soba to advance reasons why the accused should be further remanded in custody.
Soba told the court that the State was opposed to the accused being granted bail because investigations are still at initial stages.
“Most of the exhibits in this matter have not yet been recovered. We also have not arrested two more suspects linked with this matter. A pistol and knife were used during the commission of this offence and they have not yet being recovered. Investigations show that the accused deposited the money into their bank accounts and the bank accounts of their girlfriends. I have to make an order to freeze their bank accounts. I am still investigating how Thupane, Sanana and Moatshe left Gaborone for Francistown since I suspect that they did not have movement permits. Gaborone is currently under lockdown because of the COVID-19 pandemic,” said Soba.
Soba added that he was of the fear that if the accused were given bail, they may use the money in their bank accounts.
“I humbly pray that the court should further remand them in custody and give me 14 days whereupon I will come and appraise the court about how far I am with my investigations. Thupane and Moatshe have bought vehicles with the money they stole. When I asked them who they bought the vehicles from, they gave me mobile phone numbers that are not going through when I dialed the numbers,” Soba said.
According to Soba, Thupane has numerous cases within the Magistrate’s Courts in Gaborone.
“He has a robbery case and was given bail on condition that he shall not commit any offence which has an element of violence. Thupane was also arrested by Borakanelo police for allegedly being found in possession of dagga. He was also arrested by Urban police for allegedly being found in possession of housebreaking tools.
Thupane was also arrested by Sir Seretse Khama Barracks police for allegedly being involved in another Choppies robbery in 2017. The matter is pending trial before the Village Magistrates Courts,” the IO explained.
Advancing reasons why Sanana should be denied bail, Soba said that Sanana was wanted by Sejelo police in connection with a murder case that was allegedly committed in 2014.
“Police from Sejelo have furnished me with a warrant of his arrest and they said that they are coming to take him,” said Soba.
In relation to Moatshe, Soba told the court that Moatshe is wanted by Urban police for bar breaking and theft that happened in 2017.
“He is on bail in relation to that matter. Lastly, Moatshe was arrested by Urban police for allegedly being found in possession of housebreaking implements in 2018. He is on bail concerning that matter,” said Soba.
When arguing for his clients, Thupane and Moatshe to be granted bail, attorney Sharpe Dubula asked Soba that since he said two more suspects were on the run, how will Thupane and Moatshe interfere with his investigations?
Soba answered: “We have to arrest them and ask them questions at the same time with other accused persons. The accused present in court today are the ones who know where the other suspects who are on the run are.”
Dubula also asked Soba that he raised issues about movement permits during the COVID-19 lockdown in the Greater Gaborone Zone and how will Thupane and Moatshe will interfere with investigations, to which Soba replied: “I said that I am still investigating how the accused moved from Gaborone to Francistown since the Greater Gaborone Zone is still under lockdown due to COVID-19… .”
Counsel Kagiso Jani asked Soba how Masukula-a special task force officer at the DIS-is linked with the offence, to which Soba answered: “Some of the allegedly stolen money was deposited in his bank account. His only link to the offence is that the stolen money was deposited into his bank account. We are concerned that he may use the money if he granted bail”.
Jani asked Soba that if Masukula was granted bail on condition that he would not withdraw money from his bank account, will that allay the prosecution’s fears, Soba replied: “No. It will not because we have to investigate what is happening in his bank account”.
Jani thereafter reiterated that if Masukula is restricted from withdrawing from his bank account, how will that disturb investigations.
Soba answered: “The court is the one that can make an order to freeze his bank account. I don’t know how much was deposited into his bank account, but he told me that he deposited money in his account three times. I don’t know his account number.”
Soba confirmed knowledge of Savanna’s 2014 murder case after Jani asked him about it.
“I don’t know the details of the murder case. The police who charged him with murder are the ones who know the details of the case. Sanana is linked to the current matter because he also deposited the allegedly stolen money into his bank account. We are also looking for other exhibits, which we have not yet recovered. Sanana also organised transport and the pistol that was used during the robbery,” Soba replied.
Asked by Magistrate Dlamini-Ng’andu how much had been recovered so far, Soba stated that money amounting to over P8, 100 had been recovered.
After the two attorneys finished questioning Soba, Dijeng submitted that the accused should be remanded in custody looking at the gravity of the offence they were alleged to have committed.
“The accused are facing a very serious offence of robbery. Dangerous weapons, a gun and knife, were allegedly used during the commission of this offence. The State has to investigate where the money that was allegedly stolen was transferred. I make an application that the bank accounts of the accused should be frozen.
“In addition, looking at the characters of the accused, it seems that there are serial offenders. They are suspects in many other cases especially in the Gaborone jurisdiction. Therefore, justice will be served if the accused are remanded in custody for the safety of the society,” Dijeng pleaded with the Court…
Delivering ruling on the bail application, Magistrate Dlamini-Ng’andu said that the bulk of the money that was allegedly stolen still needs to be recovered.
“Secondly, two other suspects in this matters have not yet been arrested. The IO said that the Thupane has four other pending cases in Botswana. His character shows that he has the propensity to commit more crimes whilst on bail. Sanana is said to be a fugitive from law. The prosecution advised that Moatshe is no stranger to the justice system while there is a lump sum of money in Masukula’s bank account. However, I must therefore point out that all the four accused persons are innocent until proven otherwise,” said Dlamini-Ng’andu.
She added that in the same breath, the Constitution of Botswana allowed for the interference of the liberty of individuals if there were reasonable grounds to do so.
“The court should when deciding to grant or not to grant bail, engage in a delicate balancing exercise taking into consideration the interests of the accused, public and justice system. The courts should also make sure that all accused persons appear in court when required to do so. In determining bail, the court should also take into consideration one’s character. If evidence shows that one has the propensity to commit other crimes whilst on bail, the court cannot take a risk and grant that person bail. If the court does so, the public will lose trust in the justice system and conclude that the courts are negligent,” said the Magistrate.
In this case, Dlamini-Ng’andu added, law-abiding citizens cannot be held at ransom at the expense of the accused.
“…This court is very much alive to the fact that at this stage the accused persons are innocent until proven otherwise. Furthermore, the prosecution has to investigate the matters thoroughly without interference from anyone. One last aspect in this case to consider is the fact that we are now living in times of the Coronavirus. The offence occurred in Francistown but the accused were arrested in Gaborone. The Ministry of Health and Wellness should investigate who the accused had contact with. They are a danger to society and even their attorneys since they had contact with the attorneys in Gaborone… This court will not quickly grant the accused bail. They shall be quarantined and be tested for COVID-19. The accused shall further be remanded in custody pending finalisation of this matter. They shall appear in court on September 3 for status update,” Dlamini-Ng’andu concluded.