Murder accused is guilty - state counsel

ISAIAH MOREWAGAE
Staff Writer | Thursday October 7, 2010 00:00

 

In their final submissions yesterday, state counsel Lesedi Seloka said, 'It is this chain of inconsistent statements made by the accused person that, we submit, makes her unreliable,' Seloka said.

Seloka told the court that the deceased was heavily struck at least four times while protecting and or shielding himself.

'It is so illogical to suggest that such injuries could have been sustained by a person pulling the other by the scarf as Ntwaagae would want the court to believe,' Seloka argued.

He reminded court that it is Ntwaagae who had stated that she continuously struck whilst being pulled by the scarf.'This we submit is just a tapestry of lies as it is impossible for the deceased to have been continuously pulling the scarf while on the other hand shielding himself with two hands on the areas hit,' Seloka submitted.

He found it illogical for one to suggest that, the injuries were sustained by someone pulling and suffocating one with a scarf as the axe could only reach the hands whilst they are somewhere on the deceased's body (particularly the head, neck or shoulders) or on the hair.

'What can therefore be a probable inference is that injuries were sustained by the deceased whilst trying to protect areas that were struck by Ntwaagae,' Seloka said.

Consequently, he submitted that the force used was as grossly excessive as evidenced by such multiple injuries suffered by the deceased.

The state further submitted that her conduct was unlawful in that if at all she was repelling an unlawful attack, 'which we deny, then she used force which was more than reasonably necessary under the circumstance'.

Despite the fact that the law allows one to use reasonable force in defence of a person or property, the state questioned whether in causing the deceased's death Ntwaagae acted within the boundaries of the law.Seloka also submitted that Ntwaagae's life was never under any peril.

'She just acted out of rage and anger for having seen the deceaseds permanent girlfriend Tshepo at the deceased house that night and to accomplish her mission of causing one's pain more so that the deceased denied her access into the house,' Seloka submitted.

He further submitted that Ntwaagae killed the boyfriend unlawfully and acted with malice aforethought. 'The state, therefore, respectfully submits that it has proved its case to the required degree and pray that the honourable court rule accordingly and find the accused person guilty as charged,' Seloka said.Justice Tshosa has reserved judgement.

Ntwaagae is charged with a single count of murder. The state alleges that Ntwaagae murdered her boyfriend (Letota) in June 2009 after an altercation. Ntwaagae, a former waitress at the O'Hagans Pub at Game City, Gaborone, and the deceased were lovers. On the fateful day, it is alleged that they had a misunderstanding after which she hacked Letota to death with an axe.