Confessed murderer, rapist pleads intoxication

Lebogang Mosikare | Monday August 21, 2023 06:00

Addressing the court on extenuation circumstances and mitigation on Wednesday this week, Koolopile Makhura, 38, said that he murdered Bame Tebelelo, 14, under the influence of alcohol and dagga. Tebelelo was murdered on September 23, 2019 in Shashemooke village.

In his unsworn testimony before Justice Lot Moroka, Makhura stated that he worked for a number of tyre fixing businesses. He added that on September 23, 2019, he left his place of residence in Shashemooke to visit his friends still in the same village.

“When I arrived where my friends were staying, I found them drinking alcohol (quarts) and I joined them. My friends were also smoking marijuana and I also smoked it. I started drinking alcohol and smoking dagga soon after I left my place of residence in the morning up until in the evening (7pm). I think I drank about 10 quarts.

I later parted ways with my friends and returned home whereupon arrival, I committed the offences. I had a misunderstanding with my girlfriend and her daughter. All I wanted was for the deceased’s mother to give me my money but unfortunately she did not talk to me. Because I was angry, coupled with the fact that I had drunk copious amounts of alcohol in addition to having smoked a lot of dagga, I ended up killing the daughter,” said Makhura.

State attorney Kamogelo Maleke told the court that he had nothing to say concerning what Makhura had just told the court save that he will address what Makhura had told the court in his final submissions. Makhura’s attorney Lesego Phoi then submitted that the accused had pointed out that he was intoxicated by alcohol and dagga when he committed the offences.

“When the accused arrived home, he was aggrieved by the fact that the mother of the deceased wanted to end their love relationship. This situation pained and shattered the dreams of the accused and left him having no hope in life. He unfortunately ended up committing these offences because he was in a state whereby he did not comprehend what he was doing. There is also the issue of provocation in addition to the accused’s rustic background. The issue of the accused’s rustic background may look trivial but to the community to which he belongs, it may become an issue. The accused is of a poor background and he grew up in Letlhakane and Shashemooke villages,” said Phoi.

In mitigation, Phoi told the court that Makhura was a first offender adding that he lived an exemplary life up until he committed the offences.

“The accused has shown that he was remorseful of his actions hence he pleaded guilty to the offences after the charges were read to him. He did not waste the court’s time.

The accused also attended all court sessions and was always respectful to the court. The accused has two minor children that he is taking care of. One of them is at primary school while another is breastfeeding. They will endure societal stigma because of what happened and this stigma will increase once their father is sentenced to death.

We pray with the court to tamper justice with mercy and pass any sentence other than death,” Phoi pleaded. On the other hand, Maleke stated that issues of extenuation lie within the purview of the court. Maleke also said that the court was implored to take into consideration the standard of behaviour of the accused person who is also from a rustic background. “The accused has indicated that he was intoxicated by alcohol and marijuana when he committed the offences. However, the summary of facts state something else.

In the confession statement that the accused gave before a judicial officer, he never stated that he was under the influence of alcohol and dagga when he committed the offences. The deceased looked at the accused as a parental figure that is why when he called her before subsequently raping and murdering her, she came to him although she unfortunately did not notice his intentions,” said Maleke. The accused, Maleke added, had planned beforehand to do what he did that is why he ended up having sexual intercourse with the deceased before he killed her.

“The accused took the deceased to an abandoned house.

This shows that his actions were premeditated. Prior to that, the accused had left the deceased’s mother at one Mma-Tee’s yard and then went to the place where he was staying with the deceased and her mother. He later suffocated the deceased with a piece of cloth and hid her under a mattress in an abandoned house to conceal his actions. This on its own shows that the accused did not want his actions to be discovered and that his actions were premeditated. We therefore, submit that aggravating factors in these offences far outweigh extenuating factors. We also submit that there are no extenuating circumstances,” Maleke concluded. Judgement on whether there are extenuating circumstances and sentence on the matters will be delivered on August 23.