Francistown High Court in Botswana has acquitted and discharged two men previously charged with a brutal murder and multiple counts of rape dating back to 2012.
The case exposed significant failures in the state’s handling of violent crime. After 14 years of legal proceedings, the matter concluded with an acquittal, underscoring the prosecution’s inability to present sufficient evidence and revealing systemic shortcomings.
Justice Keborapele Bashi Moesi, who presided over the case, ruled on June 24, 2026, that the prosecution had not established a prima facie case against Letsibogo Benny Lubisa and Ohimile Kgosietsile. The decision followed a “no case to answer” submission by the defense after the state rested its case.
The case arose from the grim discovery of the naked body of Tlhagiso Lengole on the morning of October 28, 2012. Passersby found her near the Mokubatse dry stream in Mahalapye village. A post-mortem examination revealed that Lengole died from an extraordinarily violent attack, suffering 15 external injuries and internal cranial trauma caused by blunt force.
Lubisa and Kgosietsile were arrested and charged with Lengole’s murder and rape, as well as the rape of a second woman, Kelebogile Motimedi. The prosecution alleged the two men had acted jointly.
“The underlying factor behind the principle of submission of no case to answer is that an accused should be relieved of the responsibility of defending himself when there is no evidence upon which he may be convicted,” Justice Moesi explained.
The state’s case relied almost entirely on the testimony of Motimedi, identified in court as PW1. “The standard of proof required by law at this stage of the proceedings is not proof beyond a reasonable doubt but rather whether a prima facie case has been established. The State’s case, in relation to establishing a connection between the death of the deceased, her alleged rape, and that of PW1, hinged solely on the testimony of PW1 in respect of all three counts.”
Yet, Justice Moesi found Motimedi’s testimony deeply flawed. He described her as a poor witness whose evidence appeared contrived in several significant respects. The court noted her testimony lacked necessary corroboration and was frequently contradicted or undermined by her own prior statements.
Citing established legal principles, Justice Moesi emphasized that an accused person has no obligation to respond until the state succeeds in presenting a credible case against them.
Defense counsel Mishingo Jeremia argued successfully that the prosecution’s evidence was so unreliable that no reasonable tribunal could safely convict the accused.
“The case for the prosecution, in my opinion, failed in respect of all three counts to provide prima facie evidence of the commission of the offences by the accused persons,” Justice Moesi stated in his final order.
With the “no case to answer” submission accepted, both Lubisa and Kgosietsile were acquitted and discharged of all charges.