Serial criminal gets death sentence
Mpho Mokwape | Friday July 4, 2014 07:00
Gabaakanye who has a string of convictions dating as far back as 1986, was accused of attacking the couple in 2010 and stealing a radio and a cellphone, among other items. He had pleaded not guilty to both charges of murder and unlawful wounding.
But Justice Singh Walia of the Gaborone High Court found him guilty with no extenuating circumstances. That Gabaakanye had serious previous convictions did not help his defence.
Walia pointed out that the defence did little to argue the case as the accused already had so many convictions. He said Gabaakanye deserved no mercy as he has been a nuisance to the public. “This is a serious offence and it is also compounded by the fact that you have previous offences and convictions, more than 12 of all which are serious,” he said.
The judge noted that of the 12 offences Gabaakanye was charged with, he only admitted to four, arguing that he barely remembers the others as it was a long time ago. However, the judge said the four that he admitted were serious enough to discredit his mitigation.
“I will not take notice of the other offences that you denied knowledge of and focus on the ones that you admitted to which is theft, rape, murder and attempted rape,” Walia said. The judge said Gabaakanye should consider himself lucky that he was not charged with a serious offence in the unlawful wounding count because the attack on the old woman could have resulted in death.
“You should consider yourself lucky as this is a serious offence and it is compounded by the disfiguring of the victim after the ordeal. You are fortunate that the state did not push for a serious offence,” said the judge. Gabaakanye has six weeks to appeal the sentences.