…in Leribe armed robbery trial
Kabelo Masoabi
TWO prosecution witnesses in an armed robbery trial have dismissed claims by the accused, Tholoana Kanono, that he was shot and injured by police before being taken to point out a crime scene.
Kanono (29), of Popopo in Leribe, is facing charges arising from a robbery at a shop in Ha Setene, Leribe, on 10 January 2025, during which more than M3800 was stolen. The shop clerk and two customers were allegedly held hostage at gunpoint by three men. Police contend that Kanono was one of the assailants.
The accused maintains that he was shot in the leg and assaulted by police during his arrest and forced to confess. He further claims that by the time officers returned him to the shop to point out the scene, he had already sustained a gunshot wound.
However, two crown witnesses — who were stopped by police while walking home from work and asked to witness the pointing-out on 2 February 2025 — told the court that Kanono showed no signs of injury.
Masheane Lekhafola, an employee at a brick production business in Ha Setene, testified that he noticed nothing unusual about the accused when he was escorted from the police van into the shop.
“He was handcuffed with his hands behind his back. The police instructed him to walk towards the shop and he was walking normally,” Lekhafola said.
Another witness, Thabo Lelala from Matlameng, corroborated this account, stating that police informed them they were being called to witness what the accused would say. He testified that Kanono admitted at the scene that he had robbed the shop at gunpoint.
The shopkeeper, 46-year-old Tlholiso Malothoane of Ha Setene, who is deaf, also testified with the assistance of a sign language interpreter. She told the court that the robbery occurred at around 4:30 pm during a storm-related power outage. After a man purchased cigarettes and left, he returned shortly afterwards accompanied by two men wearing balaclavas.
She said the trio held her and two customers hostage. According to her testimony, Kanono was the man who pointed a gun at her, while the other two were armed with knives. She handed over M3800 in cash and coins from the till. The robbers also took groceries, cigarettes, cosmetics, milk and her cellphone before fleeing.
Under cross-examination, defence counsel put it to her that she could not have identified the accused because his face was covered and that he was at home in Sebothoane, Leribe, at the time. Ms Malothoane insisted that she recognised him as the earlier customer who had bought cigarettes and identified him as the gunman.
Meanwhile Kanono has been linked to another robbery case in which he was shot and wounded, allegedly by the police.
The incident took place on 20 February 2025 in Matšoaneng, Maputsoe, during which Kanono and another armed robbery suspect were shot and injured in a police operation.
He and 28-year-old Malefetsane Lethaha of Mathokoane are jointly charged with Phakeli Raphone of Ha Leauoa for unlawful possession of firearms. All three have pleaded not guilty before Magistrate Makhaketso.
The court heard that police officers from Maputsoe recovered three 9mm pistols and 15 rounds of ammunition during a search of a rented room occupied by the suspects. Numerous boxes of cigarettes, some suspected to be illicit, were also allegedly seized.
State witness, Mokhali Theko, testified that he was asleep when he heard loud noises resembling fireworks. On investigating, he found police officers and members of the public gathered near rented rooms adjacent to his home.
He told the court that he saw one man lying on the ground with what appeared to be a gunshot wound to the leg, while two others were handcuffed. Police requested assistance from members of the public to search the house, he said. When mattresses were lifted, three pistols — two black and one black-and-brown — were discovered, along with boxes of cigarettes.
Theko further testified that police questioned the suspects at the scene and that they allegedly admitted using the firearms in several armed robberies in CX, Mpharane and Hlotse. He added that it was the first time he had seen the accused and that he was unaware a second suspect had also been injured.
Defence counsel, Advocate Ramaema Mahula, challenged the state’s evidence, arguing that the firearms recovered at the scene belonged to the arresting officers. He alleged that police shot the accused with those weapons and subsequently planted them inside the house.
“Those guns were used by the police to injure the accused before they arrested them. They were placed in that house by the same police after shooting the accused,” Advocate Mahula submitted.
The matters continue before the court.