Tears of relief as man gets murder acquittal
Lebogang Mosikare | Monday May 13, 2024 04:40
Galetlale was accused of murdering Motlamorago Maleme on September 13, 2019 in Bobonong. The accused had been languishing in jail following his committal from the Magistrate Court to the High Court.
When delivering judgment, Justice Sechele said the prosecution had alleged that Galetlale had hit Maleme with a stone on the head which precipitated his death.
The prosecution, the judge noted, had also alleged that Galetlale was Maleme’s love rival, a factor that probably led to the former to commit the offence. In his sworn testimony, the judge said Galetlale admitted that he was with Maleme and his lover, Odirile Mokento, at a shebeen whereupon Maleme and Mokento left after the shebeen closed.
On the other hand, the prosecution submitted that Galetlale was seen trying to wrestle Mokento from Maleme and also snatched the bag that Maleme was holding when he and his girlfriend left the shebeen.
The prosecution, the judge added, also submitted that Mokento said that she saw Galetlale throwing stones at Maleme. Justice Sechele also stated that the defence counsel submitted that Galetlale’s case “was a classic case of false incrimination by a group of people who are related to Maleme and have an axe to grind against Galetlale since they have an interest in the matter which interest was to exonerate Maleme for having committed the offence.” Sechele also stated that the defence attorney had submitted that Mokento was initially charged with having committed the offence but cleared of having taken part in its commission after the case was referred to the Directorate of Public Prosecutions (DPP) for assessment of evidence but she is the one who committed it.
“The defence also submitted that there was evidence to the effect that Mokento was seen snatching the bag that the deceased was holding and also took polish that was inside it which the police found in her possession after a charge of murder was laid against her. The defence submitted that the State should prove its case against Galetlale beyond reasonable doubt as the law requires, lest he is found guilty of an offence that he did not commit.
“In my analysis, there is no doubt that Mokento was the star witness of the State in this matter.
Her evidence is however fraught with inconsistencies. For example, Mokento said that the person who snatched the bag from the deceased was Galetlale but under cross examination, she said that it was not him. I also hold the view that Mokento was not in a good position to say that Galetlale is the one who threw stones that caused the death of Maleme because she fled and did not look back when stones were being pelted at her and Maleme by a group of people,” said Sechele. “I must also highlight that the tin of polish that the police say was snatched from Maleme was retrieved from Mokento and she did not give a satisfactory account of how it came into her possession. Mokento said that she was given the polish by the deceased but also claimed that the polish was snatched by Galetlale which is contradictory... Another State witness Thabo Othusitse (who is the brother in law of the deceased) said that he remembers Galetlale throwing stones that hit Maleme but he remained mum when it was submitted that it was impossible for Galetlale to have snatched the deceased’s bag since the police recovered the polish that was inside it from Mokento,” said Sechele.
Sechele added: “Given the background of this matter, I find that there is a high likelihood that false incrimination exists in this matter as posited by the defence. I am therefore of the considered view that the State has not proved its case against the accused beyond reasonable doubt and he is therefore acquitted and discharged of this offence.” Galetlale was full of joy after he was acquitted of murder-an offence that attracts the death penalty in some instances. After the judgment, a jovial Galetlale said he did not want to spend another night in jail adding that he was looking forward to going to his home village of Mathathane the very same day.