The pathologists report says she died because of septicaemia after head injuries. She also had recently healed wounds, back sores and her brain was swollen and had pus. The autopsy report showed that the deceased had an incomplete abortion.
Defence attorney, Oganeditse Marata submitted that there is no dispute that his client kicked Galebolae and as a result she lost consciousness until she died.
“We submit that the accused died because of opportunistic diseases. The state failed to prove beyond reasonable doubt that abortion resulted after the unconsciousness. In this case, the accused cannot be held liable for murder and even manslaughter,” argued the combative Marata.
At this point, Chinhengo interjected and asked Marata whether he was dismissing the autopsy report that the deceased died because of septicaemia consequent to head injuries, severe stress or trauma and septic. Marata replied that the assumption was not backed by substantial medical evidence.
Earlier, the state counsel had applied that the charge sheet be amended from murder to manslaughter.
“The accused committed an unlawful act of assault on the deceased and it resulted in the death of the deceased. Whatever the injuries found on the deceased were inflicted by the accused.
Although he denied stabbing the accused, he admitted to have kicked her on the head and it started to swell.
It was the head injury that resulted in the death of the deceased,” said the state counsel. He submitted that the accused be found guilty of manslaughter.
