Man gets four years for manslaughter

Lebogang Mosikare | Wednesday November 8, 2017 13:52

 

The 31-year-old Mompoloki Maseka of Maun village was sentenced for killing Mothusi Kutura at a shebeen in Maun. Maseka was initially charged with murder, but the prosecution changed the offence to manslaughter after evaluating evidence. It consequently became apparent that Kutura was the one who  provoked Maseka after he found Maseka drinking alcohol with a certain woman at the shebeen.

The court heard that the prosecution was of the view that Kutura’s death was caused by some remarks that he passed to Maseka in a drunken stupor over the woman he found Maseka with.

It was not clear from evidence if the accused and the deceased were in love with the said woman, the court heard.

Justice Zibani Makhwade sentenced Maseka, who had pleaded guilty to the offence, to seven years in jail with three years suspended for a period of three years on condition that he does not commit any offence which has an element of violence. Makhwade also said that the sentence should include the time the accused spent in jail after he was arrested.

“The accused is convicted of manslaughter. The accused’s attorney has implored the court to take into consideration certain factors when sentencing the accused. In sentencing the accused, the court shall take into consideration the interests of society, nature of the offence and circumstances of the accused,” Makhwade said. He added: “The accused is a first offender who was 24 years at the time the offence was committed.

He has also pleaded guilty to the offence, which is a sign of remorse on his part. He also contributed a beast during the bereavement of the deceased, which is another sign of remorse…. The court will also consider that the accused was not an aggressor in this matter. The accused and deceased were drunk at the time the offence was committed. The accused has however committed a very serious offence which calls the court to pass an appropriate sentence that fits the nature of the offence committed”.

Attorney Tebogo Masala represented the State while Ricardo Seabueng appeared for Maseka.