BCL employee gets 15 years for murder
Lebogang Baingapi | Wednesday June 1, 2016 14:51
Passing sentence, Makhwade said he took into account that Ogotseng was a first offender, is of limited education having only completed Standard Seven, was relatively young aged 27 years and had suffered immense psychological trauma ever since he killed his girlfriend, which will also remain with him for the rest of his life.
Makhwade added that Ogotseng has a minor child who will be deprived of both the material and emotional support of his father if the accused is sentenced to a long time in jail.
“…I shall also take cognisant of the fact that in sentencing the accused, mercy and not a sledgehammer is the concomitant of justice. This however, does not mean that the sentence passed shall not be appropriate to the offence committed,” said Makhwade.
The accused, Makhwade said, also spent time in custody prior to his conviction. This period is stated to be between November 2007 and October and between March 2015 and July 2015, which shall be deducted from his sentence, he added.
“This court shall also point out that there is an increase in the number of cases where men kill women when they have difficulties in their relationships. It is therefore important for the courts to send a clear message that this is clearly unacceptable,” said a worried Makhwade.
It emerged in court that on November 9, 2007, the accused visited the deceased’s place of residence in Mahalapye where he spent a night. The deceased’s siblings knew him. On November 13 in 2007, the accused and the deceased went to the accused’s sister where they were allocated a room, said Makhwade.
“In the morning of November 14, 2007, the body of the deceased was found on the bed in the room that they had been allocated. The cause of the death of the deceased was asphyxia due to compression of the neck. The accused person stated that he suspected the deceased to be unfaithful to him in their relationship. He suspected that she was having a love relationship with a gentleman that he saw on two occasions dropping off the deceased at her place of residence,” said Makhwade.
“On the day the deceased met her demise, the accused person stated that when they retired to bed, a phone call came through and the deceased went outside to talk to the caller.
“When she came back, another call came through to the deceased’s phone, which was on loudspeaker, and the person on the other side insulted him,” said Makhwade.
The accused, Makhwade said, demanded the phone from the deceased who refused to hand it over to him. He said they struggled and ultimately fought for the phone.
“He said that he held the deceased by the neck… and the deceased finally left the phone and she slept facing one side while he faced the other side. He said when he woke up in the morning, he shook the deceased who did not respond. He said he thought that she was still angry because of what transpired the previous night and he left to do a piece job,” said Makhwade.
Justice Makhwade however said he found out that there were extenuating circumstances that led to the commission of the offence.
He said: “It is my considered view that the suspicions that the accused held about his relationship with the deceased are true. I also find it as a fact that the accused did not intend to kill the deceased and her death was not premeditated. It is my considered view that something went wrong more or less in the manner described by the deceased during the night the deceased was strangled”.