FRANCISTOWN: A man who owed his victim P50 has been convicted of murder. Justice Taboka Slave found Keineetse Thapelo guilty of murdering Nchi Esang on September 18, 2015, in Tonatsie Farm in the Central Administrative District of Botswana.
“On September 18, 2015 at approximately 7 am, the first prosecution witness, Rebeemang Motalaote, one Kemmonye, one Kuruba, the deceased, and accused where at Tonatsie Farm; the accused owed the deceased P50; the deceased demanded the money from the accused who responded by saying that he would pay him when he returned from Xaotata cattlepost; the deceased insisted on being paid instantly; the deceased became angry and threatened to kill the accused and then walk scot-free if the accused did not pay him,” Justice Slave read the prosecution’s evidence when passing judgment.
According to the judgment, the deceased went on to say that he would assault the accused and return him to his mother’s womb or put him back to his mother’s belly. “The accused sobbed as the deceased made those remarks. The deceased made such utterances while he was in close proximity to the accused. While they were talking, the accused stood up and the deceased also stood up. The accused reached into his pocket and drew an Okapi knife. As the accused tried to stab the deceased, they both struggled for the knife. The deceased relinquished the knife. However, the accused retained it in his possession. The accused picked up a knobkerrie that was lying on the ground and struck the deceased on the head. The accused attempted to strike the deceased with the knobkerie for the second time but the latter blocked it and it broke. The deceased fled and the accused pursued him,” said Slave.
The defence, as per the judgment, argued that the prosecution failed to prove beyond reasonable doubt that the accused murdered the deceased due to lack of crucial documents for causation such as the forensic knife fingerprint test results, a police album from the crime scene and a report from the scene of a crime officer.
“Both the evidence of the state and the accused lead the court to the conclusion that even in the absence of evidence the defence has raised, there is sufficient or ample proof beyond reasonable doubt that the deceased died of a stab wound to his left thigh that was inflicted by the accused. While provocation as a defence has been considered and rejected for the determination of the accused’ legal guilt, I believe that such provocation is sufficient to operate as a factor to be considered in determining the accused’s moral blameworthiness. Consequently, drawing from available evidence, I am convinced that there was provocation that contributed to the accused’s moral culpability for committing the offence,” said Justice Slave.
Slave concluded: “I find that the state has proved the charge of murder against the accused and he is consequently convicted as such with extenuating circumstances contrary to Section 202 as read with Section 203(2) of the Penal Code.”
According to the judgment, the deceased went on to say that he would assault the accused and return him to his mother’s womb or put him back to his mother’s belly. “The accused sobbed as the deceased made those remarks. The deceased made such utterances while he was in close proximity to the accused. While they were talking, the accused stood up and the deceased also stood up. The accused reached into his pocket and drew an Okapi knife. As the accused tried to stab the deceased, they both struggled for the knife. The deceased relinquished the knife. However, the accused retained it in his possession. The accused picked up a knobkerrie that was lying on the ground and struck the deceased on the head. The accused attempted to strike the deceased with the knobkerie for the second time but the latter blocked it and it broke. The deceased fled and the accused pursued him,” said Slave.
The defence, as per the judgment, argued that the prosecution failed to prove beyond reasonable doubt that the accused murdered the deceased due to lack of crucial documents for causation such as the forensic knife fingerprint test results, a police album from the crime scene and a report from the scene of a crime officer.
“Both the evidence of the state and the accused lead the court to the conclusion that even in the absence of evidence the defence has raised, there is sufficient or ample proof beyond reasonable doubt that the deceased died of a stab wound to his left thigh that was inflicted by the accused. While provocation as a defence has been considered and rejected for the determination of the accused’ legal guilt, I believe that such provocation is sufficient to operate as a factor to be considered in determining the accused’s moral blameworthiness. Consequently, drawing from available evidence, I am convinced that there was provocation that contributed to the accused’s moral culpability for committing the offence,” said Justice Slave.
Slave concluded: “I find that the state has proved the charge of murder against the accused and he is consequently convicted as such with extenuating circumstances contrary to Section 202 as read with Section 203(2) of the Penal Code.”
