Count 1. It is alleged that on 04/12/1999 the 5 Accused robbed Naftali Shikongo and Leonard Nandembo both of whom worked at the Elago Club (hereafter to be referred to as ‘the club’). The State further alleges that at the time the 5 Accused were armed with two revolvers and a knife. In the process, they stole N$1,000.00, a shotgun, wrist watch and a machine for detecting counterfeit money.
 As regards Count 2, the State alleges that four Accused namely, 1, 2, 4 and 5 armed with a shotgun, robbed Johannes Nghifilwa and stole one shotgun no. 9638980, one Motorola radio and some ammunition. I will refer to the appellants as ‘Accused’ 1, 2, 3 etc.
 In this appeal, only Accused 2, 3 and 5 are represented. Accused 1 and 4 do not appear whereas they had filed Notices of Appeal against both conviction and sentence.
 Before I go into the evidence I will touch on an issue that intrudes upon the whole case. The issue arises from the State of the record.
 It is common cause that as a result of a point in limine taken by the State in earlier proceedings, i.e on the 29/10/2004 the Court ordered a reconstruction of the record. The Leaned trial magistrate has now filed a report as to what transpired thereafter.
 To sum up the position so far, the record has still not been reconstructed. However the reason for the delay does not lie at the door of the Court below. From the report it seems clear that the Learned Regional Magistrate did everything that could possibly be done, by trying to trek down the witnesses who had deposed at the trial. The presiding officer called upon the Police Force and Counsel who had appeared for the State as well as some of the appellants. But none could help. As a result the presiding officer summoned all the accused persons to his office and gave them the notes that he kept during the trial and asked that the accused should read the summary and make any comments or additions they wished to make. The report is accepted as part of the record:
The contents are follows:
‘‘Appellant 1, Petrus Felix Thomas. As to the evidence of Leonard Nandombe, ‘I disagree with that and I have nothing to add’. As to the evidence of Thomas Itope; ‘I disagree with that and I have nothing to add.
Appellant 2 Immanuel Gabriel; As to the evidence of Leonard Nandombe; ‘No comment about this incredible witness evidence’.
Accused no. 2 doubt this evidence, therefore he cannot agree with it. He cannot recall this witness said anything as it stand in his evidence. He is also of the opinion that no competent court of law would consider such evidence as reliable one. This evidence could be taken from anywhere, thus I wouldn’t agree with this evidence’’.