Man found guilty of 2007 robbery, murder
Lebogang Mosikare | Tuesday September 8, 2015 15:59
Maphorisa killed Moyo (79) on March 22, 2007 in Block 5. He will be sentenced on September 25.
Passing judgement, Ketlogetswe said the accused had vehemently denied killing and stealing clothes and money from the deceased’s place. On the other hand, said the Judge, the state submitted that the accused was seen by Lambani Mosiane and Kefilwe Lekgetho carrying a bag that belonged to Thuso Sereetsi who is the deceased’s grandson, said Ketlogetswe.
Justice Ketlogetswe noted that the accused submitted that the state has failed to prove its case beyond reasonable doubt.
His defence lawyer Reneetswe Rabosotho said the state witnesses made many inconsistencies about the items recovered from the accused.
Ketlogetswe said one of the witnesses was not consistent in the statement she gave to the police and the one she presented before court.
Rabosotho said in her evidence in chief, Mosiane said she saw the accused looking smart, but she did not mention that in her police statement.
Ketlogetswe said that the starting point of the matter is whether the accused was in Francistown or not when the incident happened.
“There is no dispute that he was in Francistown as can be confirmed by himself and Mosiane.
The second point is whether he was anywhere near Block 5. The accused’s evidence seems to be struggling to say whether he was in Francistown or not. He said during the day the offence was committed, he left Francistown for Zimbabwe,” said Ketlogetswe.
Ketlogetswe said in his view, the accused attempted to say that he was not at or near Block 5 at the material time.
“In my view, the statement that he said he was not at Block 5 is false beyond reasonable doubt. Mosiane’s evidence is to the effect that she saw the accused between 12 noon and 1 pm. Although I did not place much emphasis on the basis that the accused was carrying a blue bag, I find that Mosiane saw the accused. Mosiane was told not to identify the bag the accused was holding. What is vital is that she saw him at Block 5,” said Ketlogetswe.
Ketlogetswe said the accused did not dispute that he met Mosiane.
Ketlogetswe said it is undisputed that the deceased was found dead at his place, his house was ransacked with some money and items missing.
He said that the accused never raised any claim to the goods when police and Sereetsi confronted him in Zimbabwe.
“In this case, I am satisfied that all items recovered from the accused indeed belong to Sereetsi. The accused’s claim of the items is fraudulent and false beyond reasonable doubt. He has created a web of seemingly impenetrable lies trying to justify how he acquired the items. His cooked and rehearsed claim to the items came during trial. This was done with knowledge that prosecution will be hamstrung to effectively deal with the claim,” said the judge.
Ketlogetswe said Sereetsi’s testimony was elaborate and he was a credible witness.
“I also accept the evidence of detective assistant superintendent Muzila Duna that the accused never laid claim to the items during his arrest, as true. I accordingly reject the accused’s claim to the goods. The state has proved its case against the accused beyond reasonable doubt. I find him guilty of murder and robbery,” said Ketlogetswe.
Nancy Obonye-Ebineng represented the state in the matter.