Four years later, State fails to link Moremong to robbery

Moremong, the sole survivor of the massacre shootout of 2022, that left four robbers and two civilians dead, walked free as he was not found guilty by the court for the single count of robbery.Delivering her judgment, Magistrate Thedi ruled that although Moremong drove the getaway Toyota RunX car used by the four men who stormed Sefalana Cash and Carry, a key question remains whether he knew about the robbery before or participated in its execution. “The critical issue is not whether he transported the assailants. The critical issue is whether the prosecution proved beyond reasonable doubt that he knew of the planned robbery and intentionally associated himself with its execution,” questioned the magistrate.The Magistrate said since the four other persons were not before court, it was upon the State to prove beyond reasonable doubt that not only did the robbery occur but most importantly that Moremong was part of the heist. The State had argued that since Moremong drove the getaway car, he was implicated in the robbery and should atone for the crime while his counterparts have been fatally shot.However, Magistrate Thedi established that mere association with criminals does not render one a criminal unless it is accompanied by proof of a shared criminal design, which in this case the prosecution failed to prove. “In the present matter, the evidence establishes that the accused drove the Toyota RunX from which the four armed men emerged. However, that fact alone does not answer the critical question, namely whether he knew beforehand that the occupants intended to rob the G4S cash-in-transit vehicle,” Thedi said.Not only did Thedi say that the State failed to answer such critical questions, she observed that there was no tangible evidence to link Moremong to the crime. “The prosecution did not adduce evidence of any prior agreement between the accused and the deceased assailants. There is no evidence of meetings where the robbery was planned, no telephone records demonstrating communication concerning the robbery, no electronic messages, no recovery of any portion of the stolen cash from the accused, and no evidence that he armed himself or participated in the execution of the robbery,” she noted. The Magistrate highlighted that even the witnesses did not assist in linking the accused to the crime, as they did not even recognise him. “The court must immediately observe that none of the direct victims identified the accused as an attacker. Witness Odirile Jonas never identified the accused. Witness Daniel Itumeleng never identified the accused too,” she said.Additionally, she elaborated that the State failed to call any witness that can vehemently testify that Moremong was part of the planned robbery. “No witness testified that the accused carried a firearm. No witness testified that the accused threatened any person. No witness testified that the accused assaulted any person. No witness testified that the accused entered the G4S vehicle. No witness testified that the accused Magistrate established that there was no direct participation by the accused in the execution of the robbery. “The court therefore finds that the element of common purpose has not been proved beyond reasonable doubt,” she ruled. Magistrate Thedi stated that the only thing that the State was able to prove beyond reasonable doubt was the fact that robbery did take place.In light of this, Magistrate Thedi acquitted Moremong of the charge. “Accordingly, the accused is found not guilty and is acquitted of the offence of robbery contrary to sections 291 and 292 of the Penal Code,” she ordered.