Cab Driver Murder-Accused Seek To Evade Hangman's Noose
Innocent Selatlhwa | Monday January 14, 2019 12:58
The duo, Matshidiso Boikanyo and Moabi Mabiletsa, was charged with a single count of murder each, which occurred on September 13, 2013 at Block 9 in Gaborone.
The court revealed that the two accused persons fatally stabbed Vincent Mopipi 44 times with a knife in Block 9 where he was supposed to drop them off.
Francistown-based attorney Mishingo Jeremia, who has in the past saved two men who had been sent to the gallows by the High Court, represents Mabiletsa.
Jeremia argues that the convicting and sentencing judge erred in convicting Mabiletsa when the case against him had not been proven beyond reasonable doubt.
“In particular, the learned judge erred in convicting Mabiletsa on the basis of the DNA evidence when this evidence was not sufficient to found a conviction, and did not meet the criteria applicable for circumstantial evidence,” the court papers read.
Jeremia further argues that the Court erred in not appreciating the unreliability of the DNA evidence to found a conviction, regard being had to the following circumstances; The fact that the DNA results were partial and not complete; the fact that there were other possible contributors to the DNA on the knife, such that the evidence did not point sorely at the guilt of the appellant.
The attorney argues that for a conviction to have been secured against appellant, there ought to have been more evidence linking him to the crime, apart from the DNA evidence.
“In conclusion, there is no sufficient evidence to found appellant’s conviction. We therefore pray that the conviction and sentence of the appellant be set aside and that the appellant be discharged and acquitted.
Passing the sentence, Dibotelo said on the fateful night, the duo phoned Deluxe Cab office for transport from Tlokweng, and that they were waiting at Eros Bar in Tlokweng and Mopipi was assigned to drop them off at University of Botswana (UB).
He said after boarding the cab, the duo changed their destination saying that they were no longer going to UB, but to Block 9 where upon arrival, they killed him and dumped his body by the roadside.
He said the accused persons were cruel as the wounds on the album showing the deceased’s photos suggest it was like they were stabbing a goat or an ox.
He said the photos show that they stabbed him all over his body and he also sustained injuries on his ribs, heart and kidneys.