"I can only reach one conclusion that the state has failed to prove its case beyond reasonable doubt," he said.
The duo, Chimbidzani Tumisang and Johnson Masowa, were implicated in three counts of robbery and one of murder.
Information before court is that originally they were five accused persons but others were discharged, one died during trial while another was called as an accomplice witness.
It was alleged that the accused persons, on March 27, 1999, robbed Serowe Marketing Cooperative and Filling Station of P7454.79, Welcome Bar and Bottle Store of P5197.55 on February 28, and Dennis Service Station of P2096.80 on March 15, 1999.
The state had also brought a charge of murder that was said to have happened during the robbery.
Reading his judgement, Judge Phumaphi said the eyewitnesses were unable to identify the perpetrators except for Tshegofatso Chalaomane who was an accomplice.
"The only evidence that remains to be considered by this court, which implicates the accused persons, is what they told the police, their confessions made to the judicial officer, their pointing out of exhibits and loci criminis as well as what Tshegofatso Chalaomane told the court," he said.
The two accused persons gave unworn evidence before the court in which they stated that they never participated in the robberies nor the murder. They said that they made the admissions because they had been assaulted and told what to say by the police.
Phumaphi disregarded the evidence of the accomplice witness (Tshegofatso Chalaomane) as he said that he perjured himself so badly that it would be unsafe for the court to regard it.
"He admitted to telling the court lies when he was cross-examined and this court will never know what part of his evidence is true and what part is false. He is a witness who is peculiarly positioned to mislead the court in such a way that his story appears convincing as he claimed first hand knowledge. In these circumstances this court will not have regard to his evidence," he added.
The judge further rejected the statements made by the accused persons before District Officer Mercy Dipao.
"The district officer had not been sworn as a justice of peace in terms of the law. In any event she did not give evidence and therefore, what admissions the accused made to her, are not in evidence," he said. Judge Phumaphi also attacked the evidence of the investigating officer, as it seems that he did not tell the court the entire truth.
"There are instances in his evidence, where it is clear that he did not tell the court the whole truth, either from failure of his memory or the reluctance to reveal the whole picture to the court," he added.
