Man acquitted of arson, guilty of manslaughter
Lebogang Mosikare | Thursday November 5, 2015 15:34
He was also charged with setting fire to a house belonging to Metseyabeng’s parents.
Delivering judgement, Justice Barnabas Nyamadzabo said that the accused pleaded not guilty to the charge and gave unsworn evidence.
“The accused admitted that he stabbed the deceased with a knife in self-defence because his life was also in danger. It is common cause that the accused and the deceased were lovers although their relationship had turned sour because of Mmoloki Mpolokang who was the deceased’s new boyfriend.
The accused said he went to the deceased’s place in order to mend their relationship. He was wearing a t-shirt written ‘be my valentine’,” said Nyamadzabo.
Nyamadzabo said that the deceased found no one at the deceased’s place when he arrived there adding that he even entered the deceased’s parents’ bedroom to design a love card for her on the computer.
Whilst the accused was still at the deceased’s place, Nyamadzabo said, she arrived and screamed in panic when she found him in the sitting room.
“The deceased tried to get outside the house but the accused blocked her way and locked the door and removed the keys. The deceased picked a knife that was on top of the table and stabbed the accused on the neck and abdomen which evidence was observed by the doctor in his report. The accused managed to get the knife from the deceased. She tried to get another knife and a scuffle ensued between them,” said Nyamadzabo.
He further stated that when the two were still fighting over the second knife, a cloth that was at the back of a gas stove caught fire and the fire spread in the house.
“The accused said he did not get outside the house because he had lost the key. He said that because his life was in danger he stabbed the deceased with a knife more than two times. He said he became weak but managed to get out of the house after he found the key on the floor and also managed to close the gas cylinder and extinguished the fire,” said Nyamadzabo.
Nyamadzabo ruled out that the deceased acted in self-defence looking at the injuries that were sustained by the deceased.
“The accused was a 19-year-old when he committed the offence. It is very uncommon of people of his age to act on emotions. He had lost his sense of good judgement because the deceased did not listen to him when he wanted them to talk about their love relationship,” said the judge.
He stated that with regard to the arson charge, there was no prosecution witness who was there and as such his contention remains uncontested and he is acquitted and discharged of the matter even though his version may not be true.
“The accused is not found guilty of arson but he is found guilty of manslaughter,” said Nyamadzabo. State prosecutor Tapiwa Machola who appeared without instructions said that she was not in a position to state whether the accused was a first offender or not.
She applied to be given two weeks to ascertain if the accused has previous convictions or not. Attorney Goabaone Tiego who was acting on behalf of counsel David Ditiro represented the accused.
Meanwhile, the police believe that they have made a breakthrough after another suspect in the murder of a security guard was arraigned in court yesterday.
The state alleges that Brilliant Thabani, a Zimbabwean, killed Dilo Makgasana at Kami complex near the Francistown bus and taxi rank between October 24 and 25.
Thabani is jointly charged with Mbakiso Makhakhe who appeared in court on Monday for the same matter.
Inspector Mengistu Chigala applied for the accused to be remanded in custody because he was a flight risk since he was in Botswana illegally and did not have a permanent place of abode in the country. However, Thabani told the court that he knows nothing about the offence and wants to know why he was arrested. Principal Magistrate Dumisani Basupi remanded the accused in custody as per the state’s application. The accused is due in court on November 16 for mention.