Monday, January 18, 2021

Senior Magistrate acquitted on causing death

Francistown Magistrate, Fortune Mukoma, recently discharged and acquitted a Gaborone Village Senior Magistrate, Mareledi Dipate.

Dipate had been charged with reckless driving and causing the death of Tumalano Gaabitswe.
The accused was, however, found guilty of a lesser charge of failing to stop after causing an accident.
For that he was fined P300.

In his judgment, Magistrate Mukoma said that it was not in dispute that the accused had, on the stated dates, hit the deceased.

The presiding Magistrate also said it was not in dispute that the accused did not stop after the accident.

It was also found that the accused only formally reported himself to the police the following day.
The presiding Magistrate said that what is in dispute is that the accused person was driving his motor vehicle in a dangerous manner, resulting in the accident and the death of the deceased.
He also said it was disputable if the accused was driving at an excessive speed.

It was also found that the analysis of the evidence put before the Court showed that the deceased’s movements were, on the night in question, erratic as a witness who was with him on that night, Keoagile Senopole, had told the Court that he had seen his friend moving forward and backward before the impact.

A witness had told the court that before the accident he, together with the deceased, had been drinking Chibuku from 4 o’clock in the afternoon to the time the accident happened.


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