Fatality over tobacco lands man a two-year sentence
Lebogang Mosikare | Thursday November 2, 2017 11:34
Justice Zibani Makhwade sentenced 43-year-old Bente Letswai to five years in jail for killing Dikitso Moshabati alias Palabatho at Letlhakane village on December 21, 2014.
The sentence was reduced by two years on condition that Letswai does not commit any offence that has an element of violence within three years.
In addition, Makhwade also included four months that Letswai spent in custody after he was initially charged with murder. He was also advised to appeal his conviction and or sentence at the Court of Appeal within six weeks. Letswai was initially charged with murder, but the prosecution later downgraded the offence to manslaughter after evaluating evidence.
After the State evaluated evidence, it found that Moshabati provoked Letswai by refusing to give him his tobacco at one Mma Two-Pula's shebeen at Tawana ward in Letlhakane.
According to the facts of the matter, Moshabati admitted in court that on the fateful day, he left his place of residence to ask for tobacco from other patrons at Mma Two-Pula’s shebeen. On his way to the shebeen, he found a knife, picked it up and put it in his pocket.
“Upon arrival at the shebeen, he asked for tobacco from an unknown man. The man gave him the tobacco. Since the unknown man did have the tobacco wrapping, the accused asked for the wrapping from Moshabati whom he all along knew.
They agreed that Moshabati will give the accused the wrapping on condition that they will then smoke the tobacco together. Moshabati took the tobacco and wrapped it. He then refused to smoke the tobacco with Letswai as per their agreement,” according to the facts. The accused, the facts said, held the deceased by his hand in an attempt to take his tobacco from him.
“The unknown man pulled the deceased from the accused in an attempt to restrain them from fighting. The deceased furiously came back rushing to the accused after they were separated. The deceased then slapped and kicked the accused.
The accused took out his knife and stabbed the deceased once on his left ear. The deceased was then taken to Letlhakane Primary Hospital where he later died that day,” the facts state. When sentencing the accused, Justice Makhwade said he took into account that the accused was provoked, never went to school and was of rustic background amongst other factors. Attorney Reneetswe Rabosotho represented Letswai while Moffat Dick appeared for the State.