Thursday, June 30, 2022

Judge acquits alleged murderer

Jwaneng man Phemelo Baiphetlhi recently left Lobatse High Court smiling after High Court judge Tshepho Motswagole had acquitted him from charges of having murdered Mpho Mokae in Jwaneng’s Senthumole settlement.

Acquitting the accused person Motswagole, said that in his view evidence produced by the state to support its case that the accused person had killed the deceased by burning the shack she was staying in was not sufficient to support the charge.

This, he said was that amongst other things so because none of the witnesses linked the accused to any unlawful act in relation to the deceased or the burning of the house. There was also no eye witness as to how the shack got burned.

On the evidence, the judge said that there is nothing to suggest that the accused burnt the shack. The state he said must at least have shown an unlawful act or omission on the part of the accused and connect the same with the death of the accused.

Prosecution he said has not put such evidence before him. The judge also said that it is not for the accused to fill the gaps in the prosecution case. The judge further said that in his view no Court can convict on the evidence before him.

He also said that no part of prosecution case calls for an answer on the part of the accused. State’s evidence the judge said is fragmented and open to multiple interpretations .

Admittedly he said the accused and the deceased were caught up in a burning shack. The door he said was locked and clearly on the evidence the accused did not enjoy the burning and tried to cover himself and if he was not rescued he would have burnt to death.

Gaborone lawyer Mcbain Kaang appeared for defence.

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