Murder Accused Walks Free

Gofaone Mapugwa | Monday June 24, 2019 12:16

 

The State alleged that Tebalo Leikakanye stabbed Batshamiki Kearoma with a knife at Serowe’s Selelo-sa-ngwana cattlepost in June 2016. When the investigating officer (IO) Sergeant, Phetogo Ramaphane was cross-examined by the accused’s attorney, Isaac Seleka, he told the court that Kearoma succumbed to his death after he refused to give Leikakanye the items that he had bought. “The deceased took the accused’s money but refused to give him the goods he was buying. The accused then sat down and waited for the deceased to give him his goods to no avail. Kearoma then got out of the tuck-shop then without provocation kicked the accused,” said Ramaphane.

He further went on: “The accused fell down but then stood up and started fighting with the deceased. He then withdrew a knife and stabbed the deceased twice and then ran away…”  Ramaphane further told the court that the accused was found at his father’s residence and then led the police to the scene of the incident.

“We later questioned the accused and he told us the deceased had kicked him on the cheek and around his eye when he went to buy teabags and sugar from the tuckshop where the deceased worked,” said Ramaphane. “He said that in self-defence, he looked for something to ward off the beatings he received from the deceased and found a knife on the ground which he then used to stab the deceased.” Seleka then told Ramaphane that he put it to him that Leikakanye was defending himself from Kearoma when he stabbed him.

Seleka also stated that he put it to Ramaphane that Kearoma had a history of terrorising Leikakanye to which Ramaphane said he was not aware.

When Seleka asked Ramaphane whether he was aware that both Kearoma and Leikakanye were fired from their jobs as herdsmen by their previous employer as they constantly fought, Ramaphane said he was not aware of that. Ramaphane also stated that he was not aware that Kearoma once beat Leikakanye to a pulp to a point that he was once hospitalised. “The accused used excessive force to defend himself.

He should have run away from the scene. In my view, the accused was provoked by the deceased, but he could have left the scene,” Ramaphane said adding that Leikakanye should have instead gone to the police to report what happened.

Seleka then reiterated that Leikakanye was only defending himself and had not planned to kill the deceased.

When delivering judgement, Justice Lot Moroka stated that having looked at the reasons provided by the prosecution, defence and witnesses, there were instances when the law allows self-defence.

Such instances, Moroka noted, apply when one’s life is in danger.

“In the present case, it was never disputed that there was an instance when the deceased assaulted the accused to a point that he was even hospitalised. He had a right to defend himself from the deceased. A person also has the right to flee from life threatening situations or use any form of defence if his/her life is genuinely under threat or in danger,” Moroka clarified.