Death row convicts escape death
Mpho Mokwape | Friday July 29, 2016 15:43
The duo, Daniel Semi and Gaolatlhe Thusang yesterday breathed a sigh of relief as the bench handed down their judgment in which they were given a custodial sentence.
Semi as a first time offender was given 22 years while Thusang was given 24 years due to his previous convictions backdated at the time of their custody before conviction. The duo, who hail from Ntlhantlhe in the Southern District, were condemned to death in 2010 by Justice Michael Leburu of Lobatse High.
The two were said to have been hired by Agisanyang Motukwa to kill his father after believing he was bewitching him. They had pleaded not guilty to the charge of murder.
When handing down the judgement, Justice Isaac Lesetedi said the court found that there were extenuating circumstances during the commission of the offence therefore custodial sentence was an appropriate one.
He explained that having taken into account the mastermind behind the crime was Motukwa and that he had clearly manipulated the situation and roped in the duo. “The two, though evil in their deeds, acted at his behest and under his supervision. They could in the circumstances not be more morally blameworthy in the commission of the offence than the masterminds. They could for that reason not receive the ultimate punishment while the greater evil walked away with his life. Such a scenario would offend a fair sense of punishment,” he said.
Lesetedi said also they took into account the mitigating factors laid by the duo’s lawyers saying they were in their 20’s and immature at the time of the offence.
He maintained that he had taken into account that the two had to suffer emotionally close to three year and half years while the sentence of death was hanging over their heads.
However Lesetedi in his judgement dismissed the conviction appeal on grounds that the offence committed by the two in murdering an innocent elderly person whom they had known for long driven by selfish reasons was still a serious offence for which they should be prepared to serve long terms of imprisonment.
“The sanctity of innocent life cannot be over-emphasised. I bear in mind however that the two only got involved in the plot on the day of its commission and that the real kingpin of the evil enterprise walked away. For that reason, they should receive appropriate sentence in line with their role in the enterprise,” he said.
On Monday, during mitigation, their lawyers made a n impassionated plea to the judges for a lenient sentence with one saying his client was a first offender and nursing a chronic illness.