The duo, Letsibogo Benny Lubisa and Ohimile Kgosietsile, were discharged and acquitted by Justice Keborapele Moesi after upholding the defence's submissions of no case to answer. According to court documents, the charges stemmed from the death of Tlhagiso Lengole, whose lifeless and completely naked body was discovered by passers-by near the Mokubatse stream in Mahalapye on the morning of October 28, 2012. Justice Moesi noted that a post-mortem examination conducted by Dr Shathani Mugoma on November 2, 2012, confirmed that Lengole had died from multiple injuries caused by blunt force trauma. The report recorded 15 external injuries, including bruises, abrasions, grazes and lacerations, while an internal examination revealed a frontal contusion measuring 6cm by 5cm.
"The impression I get is that the deceased died following an incredibly violent attack," Justice Moesi stated in his ruling. Police investigations into the killing led to the interrogation of Kelebogile Motimedi, after which Lubisa and Kgosietsile were arrested. Although they were initially released, they were later re-arrested and charged with murder, the rape of Lengole and the rape of a prosecution witness identified as ‘PW1’. State prosecutors alleged that the two accused acted jointly and in concert in committing the offences. However, both men pleaded not guilty. In assessing whether the accused should be called upon to open their defence, Justice Moesi considered whether the prosecution had established a prima facie case. He observed that the State's case relied heavily on PW1's testimony in relation to all three counts. The judge said the witness's evidence had been subjected to extensive criticism by the defence and acknowledged well-established legal principles regarding the fallibility of memory and the factors that may affect witness reliability.
