Abusive Man Gets 20 Years For Lover�s Death

Lebogang Mosikare | Monday August 21, 2017 16:36

 

Pronouncing the sentence on the accused, Keorapetse Clifford Makhura (38) of Palapye, Justice Lot Moroka said the unlawful taking of someone’s life upsets the equilibrium of stability and peace in the society.

Makhura was sentenced for killing Mosetsana Tauejele in 2013 in Palapye.

“Here I am dealing with a case that some refer to as passion killing but I prefer to call it intimate homicide. This court deals with similar cases on a weekly basis and in most cases, it is predominantly women who lose their lives at the hands of men,” said a visibly worried Moroka.

He said institutional or judicial punishment represents society’s punishment to the conduct of some people who do not abide by the law.

He said: “The courts conduct criminal cases on behalf of the society. As indicated earlier, cases of this nature are growing at an alarming rate. This court and the Court of Appeal have pronounced and decried this scourge. I have in the cause of finding an appropriate sentence looked at many cases of a similar nature.”

The courts, Moroka stated, have consistently decried the prevalence of these crimes, which this court will consider.

“However, that is not the only factor that the court will take into consideration when passing an appropriate sentence. Mercy is also another factor that will be taken into consideration when passing sentence. The courts should not be too harsh and too lenient when passing an appropriate sentence. To be of any use to the society, the courts should give sentences that have a purpose and aim,” said Moroka.

The aim, Moroka said, is to deter other members of the society from committing similar offences in the future.

“The sentences passed by the courts should look at the nature of the offence committed, its seriousness, the interests of the accused and the society. In my view, the accused is a young man in his 30’s who has no previous convictions. This however, does not mean that he has not breached the law as I will later on explain in my sentence,” said Moroka.

As I have indicated earlier, Moroka added, the accused has two children with the deceased and was a breadwinner for both his children and his family.

“The offence of murder is a very serious one because a life taken cannot be replaced. I noticed in this case that the depth of the accused’s moral blameworthiness and the way he conducted himself demand that he be sentenced to jail for a long period,” said Moroka.

He added: “The accused murdered the deceased whom he was supposed to protect in cold blood in broad daylight. The fact that she managed to run away from him and sought assistance from an elderly neighbour did not deter the accused from completing his mission.”

He stabbed her in front of the elderly neighbour and evidence produced in court during trial shows that he has a history of abusing the deceased, Moroka said. “The accused previously stabbed the deceased and her elder sister with a knife. The complainants however, withdrew the charges allowing the accused to go scot-free. He however, finally managed to kill her. I have dealt with the life of a woman who lived in domestic violence in my judgement in detail,” said Moroka.

The judicial system, Moroka said, must be responsive to new challenges that affect the society otherwise the society will lose their trust and confidence, which will lead to chaos.

“The accused is therefore, sentenced to 20 years in jail. The time he has spent in custody prior to being sentenced shall be included in his sentence. He has six weeks to appeal the sentence at the Court of Appeal.”